Lanorith v. City of New York et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS, No party has objected the R&R, and the time to do so has passed. Therefore, the court reviews the R&R for clear error. Finding no clear error, the court ADOPTS IN FULL the R&R and, accordingly, DISMISSES all claims against Deft Banghart. (Ordered by Judge Nicholas G. Garaufis on 4/14/2016) c/m (Galeano, Sonia)

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APl. I

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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BROOKLYN ^

PATRICK LANORITH,
ORDER

PiaintifT,

15-CV-617 (NGG) (LB)
-againstCITY OF NEW YORK, ARTHUR TRUSCELLI,
JOHN FANIZZI, ANDREY SMIRNOV, NICOLAS
VELEZ, MARTIN BANGHART, RANDALL
LITRELL, and GERARD DELPRETE,
Defendants.
-X

NICHOLAS G. GARAUFIS, United States District Judge.

On February 6,2015, Plaintiff Patrick Lanorith brought this action against the City of
New York, Arthur Truscelli, John Fanizzi, Andrey Smimov, Nicholas Velez, and John Doe 1

through 5, pursuant to 42 U.S.C. § 1983,for violationsofhis constitutional rights. (Compl.
(Dkt. 1).) On July 7,2015, Plaintiffamended his Complaint, removingthe John Doe Defendants
while naming Martin Banghart, Randall Litrell, and Gerard Delprete as additional defendants.

(Am. Compl. (Dkt. 9).) By Order dated December 10,2015, Magistrate Judge Lois Bloom
notified Plaintiffthat he had failed to properlyserve the new Defendantswithin the 120 days

required by Federal Rule of Civil Procedure 4(m). (Dec. 10,2015, Orderto Show Cause.) Judge
Bloom then granted Plaintiffan extension until December23,2015, to effect service. (Id) On

the same day,on December 10,2015, Plaintifffiled proofof timely service for all Defendants
named in the Amended Complaint except Defendant Martin Banghart. On March 3,2016, Judge
Bloom issued a Report and Recommendation ("R&R") recommending that the court dismiss

Plaintiffs claims against Defendant Banghart without prejudice for failure to effect timely
service. (R. & R. (Dkt. 23).)

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/s/ USDJ NICHLAS G. GARAUFIS