Opinion
20 CIVIL 10473 (VEC)
03-23-2022
SAMANTHA D. RAJAPAKSE, Plaintiff, v. SEYFARTH SHAW; ROBERT SZYBA, PARTNER; CARLA LANIGAN, COUNSEL, Defendants.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 23, 2022, that the R&R is adopted in full, Defendants' motion to dismiss is GRANTED, and Plaintiffs claims are DISMISSED with prejudice. Plaintiff is DENIED leave to file a second amended complaint for the reasons discussed in the R&R. Plaintiff is enjoined from filing any new civil actions in this Court related to Defendants' representation of Equifax in Rajapakse v. Equifax Information, LLC, 20-CV-00080 (N.D.Ga. July 26, 2021). Because the R&R gave the parties adequate warning, see R&R, Dkt. 74 at 22 (using bold font and capital letters), the failure to file any objections to the R&R precludes appellate review of this decision. See Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied; accordingly, the case is closed.