Opinion
16 Civ. 1523 (AT) (BCM)
05-23-2017
LARRY G. PHILPOT, Plaintiff, v. KOS MEDIA LLC, Defendant.
CC: Plaintiff Pro Se By Chambers
ORDER ADOPTING REPORT AND RECOMMENDATION :
Having received no objection to Magistrate Judge Moses' April 21, 2017 report and recommendation, the Court reviewed the report and found no "clear error on the face of the record." Santana v. United States, 476 F. Supp. 2d 300, 302 (S.D.N.Y. 2007) (quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)). Accordingly, the Court accepts and adopts the thorough and well-reasoned report, grants Defendant's motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(5), and denies Plaintiff's motion for leave to amend.
Indeed, in a separate motion, Plaintiff "stipulates to the Jurisdictional issues discussed in the Report and Recommendation." ECF No. 41. --------
The Clerk of Court is directed to terminate the motions at ECF Nos. 32 and 35 and to close the case.
SO ORDERED. Dated: May 23, 2017
New York, New York CC: Plaintiff Pro Se
By Chambers
/s/_________
ANALISA TORRES
United States District Judge