Shen v. Jiaojiao Inc. et al

Filing 5

MEMORANDUM AND ORDER ADOPTING 4 REPORT AND RECOMMENDATION. For the reasons stated herein, Judge Orenstein's Report and Recommendation, dated September 8, 2015, recommending that Plaintiff's Complaint be dismissed with prejudice is adopted in its entirety. Ordered by Judge Sandra L. Townes on 3/17/2016. (Barrett, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------x
JINGUANG SHEN,
Plaintiff,

MEMORANDUM AND ORDER
15-cv-2 126 (SLT) (JO)

-againstJIAOJIAO INC. d/b/aJ LI'S LANZHOU
HAND-STRETCHED NOODLES, and JIAO LI,

4 CLERK'S OFFSC

U.s. DISTRICT COURT"'

Defendants.
----------------------------------------x
TOWNES, United States District Judge:

* MAR 18 2016 *
BROOKLYN OFFICE

On April 14, 2015, Plaintiff Jinguang Shen filed a Complaint against Defendants Jiaoj iao
Inc. d/b/a/ Li's Lanzhou Hand-Stretched Noodles, and Jiao Li alleging violations of federal and
state wage laws. (ECF No. 1.) On September 8, 2015, Magistrate Judge Orenstein filed his
Report and Recommendation ("R&R") in which he recommended dismissing the Complaint with
prejudice pursuant to Federal Rule of Civil Procedure 4 1(b) for Plaintiffs failure to prosecute
this case. (ECF No. 4.) Judge Orenstein's R&R also stated that any objections to the R&R were
to be filed no later than September 25, 2015. (Id. at 3.) To date, no objections have been filed
and no party has requested an extension of time in which to do so.
A district court is not required to review the factual or legal conclusions of the magistrate
judge as to those portions of a report and recommendation to which no objections are addressed.

See Thomas v. Am, 474 U.S. 140, 150 (1985). Even when no objections are filed, however,
many courts seek to satisfy themselves "that there is no clear error on the face of the record."
Fed. R. Civ. P. 72(b) advisory committee note (1983 Addition); see also Edwards v. Town of

Huntington, No. 05 Civ. 339 (NGG) (AKT), 2007 WL 2027913, at *2 (E.D.N.Y. July 11, 2007).
Although not required to do so, this Court has reviewed Judge Orenstein's R&R for clear
error on the face of the record. The Court finds no clear error, and therefore adopts the R&R in
its entirety as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1).

CONCLUSION
For the reasons stated above, Judge Orenstein's Report and Recommendation, dated
September 8, 2015, recommending that Plaintiffs Complaint be dismissed with prejudice is
adopted in its entirety.

SO ORDERED.
/s/ Sandra L. Townes
United States District Judge

Dated: March U7,2016
Brooklyn, New York