Mineo v. City of New York et al

Filing 349

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Accordingly,it is hereby ordered that Mineo's action be dismissed pursuant to Rule 41(b). The Clerk of Court is respectfully directed to enter judgment; mail a copy of this Memorandum and Order and the accompanying Judgment to plaintiff Michael Mineo, both at theaddress listed on the docket and via email to Sydney Mitchel, Mineo's self-designated intermediary, at [e-mail]; note the mailings on the docket; and close this case. So Ordered by Judge Roslynn R. Mauskopf on 2/9/2018. (Williams, Erica)

, FILED
I le r>

UNITED STATES DISTRICT COURT

OFFICE

I

DISTRICT COURT E.D.N.v:

EASTERN DISTRICT OF NEW YORK

5

FEB 1 3 2018

-X

MICHAEL MINEO,

BROOKLYN OFFICE
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

- against -

09-CV-2261(RRM)
(ST)

CITY OF NEW YORK,et aL,
Defendants.
X

ROSLYNN R. MAUSKOPF,United States District Judge.
»

I

On May 28,2009, plaintiff Michael Mineo commenced this action against the City of |
i

!

New York,the New York City Police Department, and numerous individual police officers |
based on violations of42 U.S.C. §§ 1983,1985, and 1988,among other claims, stemming froni
allegations offorcible sexual abuse. On May 5,2017, counsel for Mineo advised the Court thaj
he would seek to withdraw as counsel based on recent developments with Mineo. (5/5/2017 |
i

Letter Mot.(Doc. No. 341).) The Court then ordered Mineo to appear in person for a hearing on
May 15,2017, on this motion to withdraw. (5/5/2017 Order.) On May 11, 2017, Mineo's
counsel further advised the Court that his client had become very reclusive, requiring counsel to

communicate with Mineo through an intermediary, Sydney Mitchel, and that Mineo had no

interest in proceeding with this case or appearing in court again. (Mot. to Withdraw as Counse
(Doc. No. 342) at 1.) Mineo then failed to appear at the scheduled hearing on May 15, 2017, but
had advised his counsel, through his intermediary, that he did not intend to move forward with

this case. (5/15/2017 Min. Order; 6/21/2017 Report and Recommendation("R&R").) The Cou^
deferred ruling on the motion to withdraw as counsel and ordered Mineo to appear at another
hearing on June 21, 2017, cautioning Mineo that failure to appear again would result in a

recommendation that this action be dismissed for failure to prosecute. (5/15/17 Min. Order.) On

June 21,2017, Mineo again failed to appear or contact the Court. (6/21/2017 Min. Order.)

Mineo again advised counsel through his intermediary that he did not intend to participate in this
case any longer. (R&R.)

Accordingly, the Honorable Magistrate Judge Steven Tiscione issued a Report and
Recommendation, a copy of which was mailed to Mineo on June 21, 2017,recommending that
Mineo's action be dismissed pursuant to Federal Rule of Civil Procedure ("Rule")41(b). (R&R;

Aff. of Service(Doc. No. 347).) Judge Tiscione reminded the parties that, pursuant to Rule

s|

72(b), any objections to the R&R must be filed within 14 days of service of the R&R. (R&R.)

The deadline to file objections has long since passed, and neither party has filed any objection.
Pursuant to 28 U.S.C. § 636(b)and Rule 72, this Court has reviewed the R&R for clear
error and,finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 481 F.
Supp. 2d 224, 226(E.D.N.Y. 2007).
Accordingly, it is hereby ordered that Mineo's action be dismissed pursuant to Rule
41(b).
The Clerk of Court is respectfully directed to enter judgment; mail a copy ofthis

Memorandum and Order and the accompanying judgment to plaintiff Michael Mineo, both at the
address listed on the docket and via email to Sydney Mitchel, Mineo's self-designated

intermediary, at [e-mail]; note the mailings on the docket; and close this
case.

SO ORDERED.

Dated: Brooklyn, New York

%osCynn 1L 3\iauskojpf

February 9,2018
ROSLYNN R. MAUSKOPF

United States District Judge