Simon v. Kidera et al

Filing 32

ORDER adopting Report and Recommendation: Accordingly, this action is dismissed with prejudice. The Clerk of Court is directed to enter judgment in favor of defendants and close this case. Ordered by Chief Judge Carol Bagley Amon on 1/3/2013. (fwd for judgment) (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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BARRY SIMON,

NOT FOR PUBLICATION
Plaintiff,

ORDER

11-cv-6161 (CBA) (CLP)
-against-

FILED

IN cLERK'S OFFICE

THOMAS KIDERA et al.,

U.S. D!~iPlCT cOURT E.D.N.Y.

*

Defendants.

JAN 4- 2013

*

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AMON, Chief United States District Judge.

BROOKLYN OFFICE

On October 25, 2012, the Honorable Cheryl L. Pollak granted counsel Amy Marion's motion
to withdraw from further representation of plaintiff Barry Simon and issued a Report and Recommendation (R&R) advising this Court to dismiss Simon's case with prejudice due to his stated
intention to discontinue prosecution of the action. The R&R was not mailed to Simon until November 5, 2012, and so in a Supplemental Report and Recommendation, Judge Pollak granted
Simon until November 19, 2012 to file any objections. To date, no objections have been filed.
Reviewing the R&R for clear error, the Court adopts Magistrate Judge Pollak's R&R in its entirety. See Manigaulte v. C.W. Post of Long Island Univ., 659 F. Supp. 2d 367, 372 (E.D.N.Y.
2009) ("When evaluating the report and recommendation of a magistrate judge, the district court
may adopt those portions of the report to which no objections have been made and which are not
facially erroneous." (internal quotations and citations omitted)). Accordingly, this action is dismissed with prejudice. The Clerk of Court is directed to enter judgment in favor of defendants
and close this case.
SO ORDERED.
Dated: January 3 , 2013
Brooklyn, N.Y.

,. ,

s/Carol Bagley Amon
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/vvn

Carol Bagle;kon
Chief United States District Judge