Summary
reviewing R&R on motion to dismiss for failure to prosecute, to which no objections were made, for clear error
Summary of this case from Whitley v. BowdenOpinion
15 Civ. 6443 (AJN)(JCF)
05-17-2017
Calvin Folk, Plaintiff, v. Captain Barton, Shield No. 1684, et al, Defendants.
ORDER :
Before the Court is Judge Francis's Report & Recommendation ("R & R") recommending that the Court grant the Defendant's motion to dismiss plaintiff's complaint pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. See Dkt. No. 30.
When considering the findings and recommendations of a magistrate judge, the Court may "accept, reject, or modify [them], in whole or in part." 28 U.S.C. § 636(b) (1). The Court must make a de novo determination of any portions of a magistrate's report or findings to which a party raises an objection, and reviews only for "clear error on the face of the record" when there are no objections to the R & R. Brennan v. Colvin, No. 13-CV-6338 (AJN) (RLE), 2015 WL 1402204, at *1 (S.D.N.Y. Mar. 25, 2015); see also Hicks v. Ercole, No. 09-cv-2531 (AJN) (MHD), 2015 WL 1266800, at *1 (S.D.N.Y. Mar. 18, 2015); Gomez v. Brown, 655 F.Supp.2d 332, 341 (S.D.N.Y. 2009). Clear error is found only when, upon review of the entire record, the Court is left with "the definite and firm conviction that a mistake has been committed." Laster v. Mancini, No. 07-CV-8265 (DAB) (MHD), 2013 WL 5405468, at *2 (S.D.N.Y. Sept. 25, 2013) (quoting United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006)).
Objections to Judge Francis's R & R were due by December 16, 2016. See Dkt. No. 30 at 9-10. As of May 16, 2017, no objections have been filed. The Court thus reviews the R & R for clear error, and finds none. The Court therefore adopts the R & R in its entirety and GRANTS Defendant's motion to dismiss on the grounds described by Judge Francis.
SO ORDERED. Dated: May 17, 2017
New York, New York
/s/_________
ALISON J. NATHAN
United States District Judge