Berland vs Frankel

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Magistrate Judge Pollak's Report and Recommendation on Defendant's motion to dismiss for lack of prosecution. The Court has reviewed the record and the Rep ort and Recommendation for clear error, and, finding none, hereby adopts Magistrate Judge Pollak's Report and Recommendation 36 in its entirety as the opinion of this Court. Accordingly, Defendant's motion to dismiss for lack of prosecut ion 35 is GRANTED. See attached Memorandum and Order for details. The Clerk of the Court is respectfully requested to enter judgment in accordance with this Order and close the case. Ordered by Judge LaShann DeArcy Hall on 6/12/2017. (Valentin, Winnethka)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MOSHE BERLAND,
Plaintiff,

ORDER
14-cv-6070 (LDH)(CLP)

-againstJOSEF BINYAMIN FRANKEL,
Defendant.
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LASHANN DEARCY HALL, United States District Judge:
On November 1, 2016, Defendant Josef Binyamin Frankel filed a motion to dismiss for
Plaintiff’s failure to prosecute. On December 1, 2016, United States Magistrate Judge Cheryl
Pollak issued a Report and Recommendation recommending that this Court dismiss the
complaint with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for lack of
prosecution unless, within twenty-one days of the order, Plaintiff’s new counsel filed a notice of
appearance or Plaintiff notified the court that he intended to proceed pro se. No objections have
been filed, Plaintiff’s counsel has not appeared, and Plaintiff has not notified the Court that he
intends to proceed pro se. Where no objections to a Report and Recommendation have been
filed, “the district court need only satisfy itself that there is no clear error on the face of the
record.” Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189
(E.D.N.Y. 2011) (quoting Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001)).
The Court has reviewed the record and the Report and Recommendation for clear error and,
finding none, hereby adopts Magistrate Judge Pollak’s Report and Recommendation in its
entirety as the opinion of this Court. The Clerk of the Court is respectfully directed to enter
judgment in accordance with this order and close the case.

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Dated: June 12, 2017
Brooklyn, New York

SO ORDERED:

___/s/ LDH_____________
LASHANN DEARCY HALL
United States District Judge

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