Pitt v. City of New York et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Magistrate Judge Tiscione's Report and Recommendation on Defendants' motion to dismiss for lack of prosecution. The Court has reviewed the record and the Re port and Recommendation for clear error, and, finding none, hereby adopts Magistrate Judge Tiscione's Report and Recommendation 22 in its entirety as the opinion of this Court. Accordingly, Defendants' motion to dismiss for lack of prosecution 20 is hereby GRANTED. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the case. Ordered by Judge LaShann DeArcy Hall on 2/1/2017. (Valentin, Winnethka)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------x EON PITT, Plaintiff, ORDER 15-cv-6657 (LDH)(ST) -againstCITY OF NEW YORK, P.O. MICHAEL MITCHELL, and JOHN DOES 1-5, Defendants. ------------------------------------------------------------------x LASHANN DEARCY HALL, United States District Judge: On September 19, 2016, United States Magistrate Judge Steven L. Tiscione issued a Report and Recommendation recommending that this Court dismiss the complaint with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for lack of prosecution. The parties were given until October 3, 2016, to file objections to the Report and Recommendation. No objections have been filed. Where no objections to a Report and Recommendation have been filed, “the district court need only satisfy itself that there is no clear error on the face of the record.” Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011) (quoting Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001)). The Court has reviewed the record and the Report and Recommendation for clear error and, finding none, hereby adopts Magistrate Judge Tiscione’s Report and Recommendation in its entirety as the opinion of this Court. The Clerk of the Court is respectfully directed to enter judgment in accordance with this order and close the case. Dated: February 1, 2017 Brooklyn, New York SO ORDERED: ___/s/ LDH_____________ LASHANN DEARCY HALL United States District Judge

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