Bazemore v. Capt. Lodge #545 et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Ordered by Judge Eric N. Vitaliano on 2/27/2013. C/M. (Siegfried, Evan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ROBERT BAZEMORE,
Plaintiff,
-against-

ORDER OF DISMISSAL
11-CV-6140 (ENV)(VVP)

CAPTAIN LODGE #545, et al.,
Defendant.

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VIT ALIANO, D.J.
On February 8, 2013, Magistrate Judge Victor V. Pohorelsky issued a Report
and Recommendation that plaintiff's complaint be dismissed for failure to
prosecute. Neither plaintiff1 nor defendant objected to the Report and
Recommendation within the time prescribed by 28 U.S.C. § 636(b)(1).
In reviewing a magistrate judge's Report and Recommendation, this Court
"may accept, reject, or modify, in whole or in part, the findings and
recommendations made by the magistrate judge." I d. "To accept the report and

1

The copy of the Report and Recommendation mailed to plaintiff's last known
address was returned as undeliverable. Plaintiff's whereabouts have become a
major issue in the case, as Judge Pohorelsky documented in his findings. Plaintiff
has not contacted the Court since filing his case in December 2011. Efforts to
contact plaintiff have proved futile, causing the Court issuing two orders, dated July
18,2012 and August 23,2012, directing plaintiff to provide updated contact
information to the Clerk of Court. Both were returned as undeliverable.

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recommendation of a magistrate judge, to which no timely objection has been made,
a district court need only satisfy itself that there is no clear error on the face of the
record." Cheema v. Trans Union LLC., No. 1:09-cv-00140, 2010 WL 2540309, at *1
(E.D.N.Y. June 17, 2010) (quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y.
1985)).
The Court finds Judge Pohorelsky's Report and Recommendation to be
correct, well-reasoned, and free of any clear error. The Court, accordingly, adopts
the Report and Recommendation in its entirety.
Conclusion
For those reasons, this action is ordered dismissed. It is further ordered that
the Clerk of Court mail a copy of this order to plaintiff, enter judgment accordingly,
and close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any
appeal from this Order would not be taken in good faith and therefore in forma

pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,
369 u.s. 438, 444-45 (1962).
SO ORDERED

DATED:

Brooklyn, New York
February 27, 2013

s/ ENV
ERIC N. VITALIANO
U.S.D.J.