Opinion
Case No. 09-CV-220 (FB) (JMA).
September 23, 2009
For the Plaintiff: PETER D. AMANKONAH, ESQ., The Adam Law Office, P.C., New York, NY.
For the Defendants: BENTON J. CAMPBELL, ESQ., United States Attorney, Eastern District of New York, By: David Michael Eskew, Esq., Assistant United States Attorney, Brooklyn, NY.
MEMORANDUM AND ORDER
On July 28, 2009, Magistrate Judge Azrack issued a Report and Recommendation ("R R") recommending that this action be dismissed without prejudice with respect to all defendants because the plaintiff had failed to effect service of the summons and complaint, though provided ample time and opportunity. See R R at 4. The R R stated that failure to object within ten days would preclude appellate review. See id. at 4-5. Attorney for defendants mailed a copy of the R R to plaintiff on July 29, 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.
SO ORDERED.