Lopez v. Mr. Sabor Restaurant & Grill Corp.

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS, With notice given, no party has filed objections to the R&R, and the time in which to do so has expired. In line with the foregoing, Magistrate Judge Pollak's report and recommendation, dated 4/13/16, i s adopted in its entirety as the opinion of the Court, and this matter is dismissed for failure to prosecute. W/in two days of the entry of this order on the docket, pltff's counsel must file an affidavit of service of this order on Lopez. The Clerk of Court is directed to enter judgment and to close this case. (Ordered by Judge Eric N. Vitaliano on 5/18/2016) c/m (Galeano, Sonia)

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v·. - . # UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -~--------~----------------------------------- SAM LOPEZ, * x ,u;v 1 o l"IN• ..; BROOKLY>J c.c::;:. Plaintiff, MEMORANDUM & ORDER -against15 Civ. 2708 (ENV) (CLP) MR SABOR RESTAURANT & GRILL : GROUP, Defendant. x VITALIANO, DJ. Plaintiff Sam Lopez filed this action alleging that defendant operated a place of public accommodation that was not compliant with the accessibility requirements of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12181 et seq. After plaintiff failed to comply with several court orders and was repeatedly warned that his noncompliance could result in the dismissal of this action, Magistrate Judge Cheryl L. Pollak issued a report and recommendation, dated April 13, 2016 (the "R&R"), recommending that this matter be dismissed for failure to prosecute. With notice given, no party has filed objections to the R&R, and the time in which to do so has expired. For the reasons stated below, the R&R is adopted in its entirety. Legal Standard In reviewing the report and recommendation of a magistrate judge, a district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l). A districtjudge is required to "determine de novo any part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ. P. 72(b)(3). Where no timely objection has been made, the district court may adopt the report and recommendation, "provided no clear error is apparent from the face of the record." Dafeng /s/ USDJ ERIC N. VITALIANO

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