Archbold et al v. Tristate ATM, Inc. et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION. The Clerk of the Court shall enter judgment against each defendant in the amount of $850 and close the case. Ordered by Judge Sterling Johnson, Jr on 3/15/2013. (Figeroux, Davina)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------X SARAH ARCHIBOLD and DONALD MARVIN, ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiffs, 11 CV 5796 (SJ) (LB) -againstTRISTATE ATM, INC. and DOES 1-10, et al., Defendants. -------------------------------------------------X SARAH ARCHIBOLD and DONALD MARVIN, Plaintiffs, 12 CV 847 (SJ) (LB) -againstCASH ON THE SPOT SERVS., LLC and DOES 1-10, et al., Defendants. -------------------------------------------------X APPEARANCES The Law Offices of E. David Hoskins, LLC 2 Hamill Road Suite 362 Baltimore, MD 21210 By: E. David Hoskins Attorney for Plaintiffs 1 JOHNSON, Senior District Judge: Presently before the Court is a Report and Recommendation (“Report”) prepared by Magistrate Judge Lois Bloom, recommending that the Court enter default judgment and award Plaintiffs $825.00 against each defendant. Judge Bloom issued the Report on September 7, 2012, and provided the parties with the requisite amount of time to file any objections. Neither party filed any objections to the Report. For the reasons stated herein, this Court affirms and adopts the Report in its entirety. A district court judge may designate a magistrate judge to hear and determine certain motions pending before the Court and to submit to the Court proposed findings of fact and a recommendation as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within 10 days of service of the recommendation, any party may file written objections to the magistrate’s report. See id. Upon de novo review of those portions of the record to which objections were made, the district court judge may affirm or reject the recommendations. See id. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the report and recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 150 (1985). In addition, failure to file timely objections may waive the right to appeal this Court=s Order. See 28 U.S.C. ' 636(b)(1); Small v. Sec=y of Health and Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). 2 In this case, objections to Magistrate Judge Bloom=s recommendations were due on September 21, 2012. No objections to the Report were filed with this Court. Upon review of the recommendations, this Court adopts and affirms Magistrate Judge Bloom=s Report in its entirety. The Clerk of the Court is directed to close the case. SO ORDERED. Dated: March 15, 2012 Brooklyn, NY ___________/s_________________ Senior United States District Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?