Opinion
20-CV-10942 (VEC)
05-03-2022
TOWAKI KOMATSU, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE
WHEREAS on April 21, 2022, Magistrate Judge Lehrburger entered a report and recommending (“R&R”), recommending that the Court grant Defendants' motion to dismiss, Dkt. 283;
WHEREAS as referenced in the R&R, “the parties have fourteen (14) days to file written objections” to the R&R, id. at 25;
WHEREAS pursuant to Rule 6 of the Federal Rules of Civil Procedure, a party that receives service by mail is allowed three additional days; and
WHEREAS on April 22, 2022, the R&R was mailed to the pro se Plaintiff;
WHEREAS on April 28, 2022, Plaintiff represented that he still had not received the R&R, Dkt. 293;
WHEREAS on April 28, 2022, the Court ordered Defendants to provide Plaintiff with an electronic copy of the R&R and to file proof of service on the docket, Dkt. 294;
WHEREAS the Court informed Plaintiff that his deadline to respond to the R&R is extended to 14 days from the date Defense counsel files proof of electronic service, id.; and
WHEREAS on May 2, 2022, Defense counsel filed proof of electronic service, Dkt. 302.
IT IS HEREBY ORDERED that Plaintiff's deadline to file any objections to the R&R is Monday, May 16, 2022. The Court will not extend that deadline further. Defendants' responses to the objections, if any, are due no later than Monday, May 30, 2022.
IT IS FURTHER ORDERED that, as emphasized in the R&R, failure to file timely objections will result in a waiver of objections and will preclude appellate review. See R&R, Dkt. 283 at 25.
The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff and to note the mailing on the docket.
SO ORDERED.