Opinion
00 Civ. 3723 (RCC)(HBP)
August 27, 2002
OPINION AND ORDER
Plaintiff Andrew Gasper ("Petitioner"), commenced this action on or about February 24, 2000, alleging claims under various federal statutes as a result of being denied a "medical bus pass" while incarcerated at the Otisville Correctional Facility. Plaintiff was paroled on July 28, 2000 and is currently at liberty.
On August 4, 2000, this case was referred to Magistrate Judge Henry Pitman for a Report and Recommendation on the merits of the petition. By notice of motion dated January 11, 2002, defendants, Dr. Sarrack and Ernest Edwards, at Otisville Correctional Facility ("Defendants"), moved to dismiss this action for failure to prosecute.
By Report and Recommendation dated April 2, 2002, Magistrate Judge Henry Pitman recommended that the motion to dismiss be granted on default since Plaintiff has yet to respond to Defendants' January 11, 2002 filing.
Pursuant to 28 U.S.C. § 636 (b)(1) and Rules 72, 6(a) and 6(e) of the Federal Rules of Civil Procedure, the parties had ten (10) days to file written objections to the Report and Recommendation. To date, Plaintiff has not filed any objections and the time to do so has clearly passed A court may adopt those portions of a Report and Recommendation to which the parties do not object and with which the court finds no clear error. Pizzaro v. Bartlett, 776 F. Supp. 815, 817 (S.D.N.Y. 1991). The Court, having reviewed the file in this manner and satisfied that there is no clear error on the face of the record, accepts and adopts the Report and Recommendation of Magistrate Judge Pitman in its entirety. Thus, the motion is granted and the Clerk of the Court is directed to close this case.
SO ORDERED.