Visionglobal Consulting, Inc.. v. Zhan

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Levy to the extent that it recommends dismissal of plaintiff's claims. With respect to defendant Feng Zhan's counterclaims, I hereby order defendant Feng Zhan to advise the court via letter no later than April 22, 2016, whether he intends to pursue his counterclaims notwithstanding dismissal of plaintiff's claims. ( Ordered by Judge Allyne R. Ross on 4/11/2016 ) c/m (Guzzi, Roseann)

D\ 'F
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

--------------------------------------------------------------------VISIONGLOBAL CONSULTING, INC.,

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15-CV-03868 (ARR)(RML)

Plaintiff,

NOT FOR ELECTRONIC
OR PRINT PUBLICATION

-againstFENG ZHAN, WEI XIN WIRELESS CONSULTING
INC., and WEI XIN CONSUL TING, INC.,
,

ORDER

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Defendants.

--------------------------------------------------------------------ROSS, United States District Judge:
The court has received the Report and Recommendation on the instant case dated March
11, 2016, from the Honorable Robert M. Levy, United States Magistrate Judge. No objections
have been filed. Accordingly, the court has reviewed the Report and Recommendation for clear
error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord
Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-1930682, 2011 WL
1930682, at *I (E.D.N.Y. May 19, 2011).
The Report and Recommendation recommends that this case be dismissed based on
plaintiff's failure to obtain counsel within the time provided by Magistrate Judge Levy. This
court agrees that plaintiffs failure to obtain counsel warrants dismissal of his claims. However,
defendant Feng Zhan has asserted counterclaims against plaintiff, and plaintiffs failure to obtain
counsel does not warrant dismissal of those counterclaims.
Accordingly, I hereby adopt the Report and Recommendation as the opinion of the court
pursuant to 28 U.S.C. § 636(b)(l) to the extent that it recommends dismissal of plaintiffs claims.
With respect to defendant Feng Zhan' s counterclaims, I hereby order defendant Feng Zhan to

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advise the court via letter no later than April 22, 2016, whether he intends to pursue his
counterclaims notwithstanding dismissal of plaintiffs claims.
Although plaintiff has paid the filing fee to commence this action, the court certifies
pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good
faith and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v.
United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.

/s/(ARR)

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Allyne R. RJis
United States District Judge
Dated:

April 11, 2016
Brooklyn, New York

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