Opinion
Case No. 08-CV-4856 (FB) (JO).
August 5, 2009
For the Plaintiff: SERGEI LEMBERG, ESQ., Lemberg Associates L.L.C., Stamford, CT.
MEMORANDUM AND ORDER
On May 5, 2009, Magistrate Judge Orenstein issued a Report and Recommendation ("R R") recommending that this action be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b) because the plaintiff has failed to prosecute this case. See R R at 3. The R R also stated that failure to object within ten days would preclude appellate review. See id. at 3-4. According to the docket, plaintiff's attorney was notified electronically of the filing of the R R on May 5, 2009; no objections have been filed.
If clear notice has been given of the consequences of failure to object, and there are no objections, the Court may adopt the R R without de novo review. See Mario v. P C Food Mkts., 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."). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error, see Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000); no such error appears here Accordingly, the Court adopts the R R without de novo review and directs the Clerk to dismiss this action in accordance with the R R.