Marmo v. Payea et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. Accordingly, this action is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is directed to enter judgment accordingly. Ordered by Judge Carol Bagley Amon on 9/16/2016. (fwd for judgment) (Fernandez, Erica)

Download PDF
FILED IN CL&Rl<'li OFFICE U.S. DISTRIOT r.ouRT E.D.N.Y. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------" STEVE MARMO, * SEP 16 2016 * ~l<l.'i'l\I Clf=!=IC:E: Plaintiff, -againstP.O. GREGORY PA YEA, P.O. BROMM, P.O. WU, and JOHN and JANE DOE# 1-10, NOT FOR PUBLICATION ORDER 14-CV-6852 (CBA) (MDG) Defendants. ----------------------------------------------------------}( AMON, United States District Judge: The Court has received the Report and Recommendation ("R&R") of the Honorable Marilyn D. Go, United States Magistrate Judge, recommending the dismissal of this case with prejudice for plaintiff Steve Marmo' s failure to comply with Court orders and for failure to prosecute pursuant to Federal Rule of Civil Procedure 4l(b). (See D.E. # 20.) No party has objected to the R&R, and the time for doing so has passed. When deciding whether to adopt a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. ยง 636(b)(l). To accept those portions of the R&R 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." Jarvis v. N. Am. Globe:x: Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation marks and citation omitted). The Court has reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. Accordingly, this action is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 4l(b). The Clerk of Court is directed to enter judgment accordingly. SO ORDERED . ....----/J , 2016 Dated: September Brooklyn, New York s/Carol Bagley Amon ,Al11lf) ) e'arol Bagley United States Distnct Judge

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?