Moore v. Caine et al

Filing 29

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 Rules of Civil Procedure 37(b)(2) and 41(b). The Clerk of Court is directed to enter judgment accordingly. Ordered by Judge Carol Bagley Amon on 7/28/2016. (fwd for judgment) (Fernandez, Erica)

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fR.l.D u.1. JU~/.e v. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------x * JUL 2Q 20\8 .... * BROOKLYN OFFICE ANDREW MOORE, Plaintiff, -against- NOT FOR PUBLICATION ORDER 15-CV-2062 (CBA) (LB) LIEUTENANT CAINE and LALCHAN SINGH, Defendants. ----------------------------------------------------------x AMON, United States District Judge: The Court has received the Report and Recommendation ("R&R") of the Honorable Lois Bloom, United States Magistrate Judge, recommending the dismissal of this case with prejudice for plaintiff Andrew Moore's failure to comply with Court orders and for failure to prosecute pursuant to Federal Rules of Civil Procedure 37(b)(2) and 4l(b). (See D.E. # 28.) 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. Globex 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 Rules of Civil Procedure 37(b)(2) and 41(b). The Clerk of Court is directed to enter judgment accordingly. SO ORDERED. Dated: July d.Y,2016 Brooklyn, New York s/Carol Bagley Amon arol Bagle Amon United States Distri. t Ju e

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