Turner v. Dellemo et al

Filing 23

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, the Court dismisses this action for failure to prosecute pursuant to Rule 41(b). The Clerk of Court is directed to close the case and enter judgment accordingly. Ordered by Judge Carol Bagley Amon on 5/12/2017. (fwd for judgment) (Fernandez, Erica)

FILED
IN CLERKS Cff^nCE
U.S. DISTRICT COURT e.D.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

. MAY i g out ^
^ MAY 1 5 2017 ^

LAYTON S. TURNER,

BROOKLYN OFFICE

Plaintiff,

. ^

NOT FOR PUBLICATION

-against-

ORDER

15-CV-4392(CBA)
(LB)
DETECTIVE DELLEMO,POLICE OFFICER
JOHN DOES,
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 that this action be dismissed for failure to
prosecute pursuant to Federal Rule of Civil Procedure 41(b) because plaintiff Layton Turner failed
to provide the Court with his current address. (See D.E.# 21.) 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. § 636(b)(1). 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
clearerror on the face ofthe 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, the Court dismisses this action for failure to prosecute pursuant to Rule
41(b). The Clerk of Court is directed to close the case and enter judgment accordingly.
SO ORDERED.

Dated: May

IP- ,2017

Brooklyn, New York

s/Carol Bagley Amon

Carol Bagley lyhon
United States Oisti