Opinion
14-CV-04657 (FB) (LB)
06-05-2015
WILSON FERRERA, Plaintiff, v. TIRE SHOP CENTER and LEOMARES LUNA, individually, Defendants.
Appearances: For the Plaintiff: JODI JILL JAFFE Jaffee Glenn Law Group, P.A. Lawrence Office Park Building 2, Suite 220 168 Franklin Corner Road Lawrenceville, NJ 08648
MEMORANDUM AND ORDER Appearances:
For the Plaintiff:
JODI JILL JAFFE
Jaffee Glenn Law Group, P.A.
Lawrence Office Park
Building 2, Suite 220
168 Franklin Corner Road
Lawrenceville, NJ 08648
BLOCK, Senior District Judge:
On April 6, 2015, Magistrate Judge Lois Bloom issued a Report and Recommendation ("R&R") recommending that Plaintiff's motion for a default judgment be denied. R&R at 9. The R&R further recommended that Plaintiff be allowed 30 days' leave to file an amended complaint. Id. The R&R provided that failure to object within fourteen days of receipt would preclude appellate review. Id. To date, no objections have been filed.
If clear notice has been given of the consequences of failure to object, and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure to timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk to enter judgment in accordance with the R&R.
SO ORDERED.
/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
June 5, 2015