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Obleanis v. Creditors Interchange, Inc.

United States District Court, E.D. New York
Jan 24, 2006
No. 05-CV-2361 (ARR)(SMG) (E.D.N.Y. Jan. 24, 2006)

Opinion

No. 05-CV-2361 (ARR)(SMG).

January 24, 2006

Adam J. Fishbein, Attorney at Law Woodmere, NY, Attorney for Plaintiff.

Creditors Interchange, Inc. Buffalo, NY, Defendant.


ORDER


I have received the Report and Recommendation on the instant case dated January 3, 2006 from the Honorable Steven M. Gold, United States Magistrate Judge. No objections have been filed. Having conducted a de novo review of the record, I hereby adopt the Report and Recommendation as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Accordingly, this action is dismissed for failure to prosecute.

SO ORDERED.

REPORT AND RECOMMENDATION

By Order dated June 23, 2005, I scheduled an initial conference in this action for October 6, 2005. Docket Entry 2. Neither side appeared.

On October 7, 2005, I entered an order noting that the court's records contain no indication that the complaint in this matter was ever served, and directing plaintiff to provide proof of service or show cause why this action should not be dismissed within 30 days upon pain of recommended dismissal for failure to prosecute. Docket Entry 3. Plaintiff has failed to respond in any way to my order of October 7, 2005.

I therefore respectfully recommend that this action be dismissed for failure to prosecute. Any objections to this report and recommendation must be filed with the Clerk of the Court, with copies provided to the Honorable Allyne R. Ross, within ten days of receipt and in any event no later than January 19, 2006. Failure to file timely objections may waive the right to appeal the District Court's order. See 28 U.S.C. § 636(b) (1); Fed.R.Civ.P. 6(a), 6(e), 72; Small v. Secretary of Health and Human Services, 892 F.2d 14, 15 (2d Cir. 1989).


Summaries of

Obleanis v. Creditors Interchange, Inc.

United States District Court, E.D. New York
Jan 24, 2006
No. 05-CV-2361 (ARR)(SMG) (E.D.N.Y. Jan. 24, 2006)
Case details for

Obleanis v. Creditors Interchange, Inc.

Case Details

Full title:NATHANIEL OBLEANIS, Plaintiff, v. CREDITORS INTERCHANGE, INC., Defendant

Court:United States District Court, E.D. New York

Date published: Jan 24, 2006

Citations

No. 05-CV-2361 (ARR)(SMG) (E.D.N.Y. Jan. 24, 2006)