Dawidowicz v. Valouch et al

Filing 20

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no error the Court adopts MJ Pollak's Report and Recommendation 19 without de novo review and grants plaintiffs motion to voluntarily dismiss his case without prejudice. Ordered by Judge Frederic Block on 1/6/2017. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x MICHAL DAWIDOWICZ, Plaintiff, -against- MEMORANDUM AND ORDER 15-cv-7380 (FB) (CLP) JAMES VALOUCH, JACEK SZEWCZYK, BLACK SQUARE BUILDERS CORP., and CHELSEA BUILDER GROUP LLC, Defendants. --------------------------------------------------x Appearances: For Plaintiff: ROBERT WISNIEWSKI Robert Wisniewski & Associates P.C. 225 Broadway Suite 1020 New York, NY 10007 For Defendants: MARC BRIAN ZIMMERMAN KATHRYN TONDEL LUNDY REGINA ELAINE FAUL Phillips Nizer LLP 666 Fifth Avenue New York, NY 10103 BLOCK, Senior District Judge: On November 8, 2016, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation (“R&R”) recommending that plaintiff’s motion to voluntarily dismiss his case without prejudice be granted. No objections have been filed to date, and defendants’ opportunity to object has passed. Where there are no objections, the Court may adopt the R&R without de novo review. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure timely to object to a magistrate’s report and recommendation operates as a waiver of further judicial review of the magistrate’s decision.”). The Court must conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and grants plaintiff’s motion to voluntarily dismiss his case without prejudice. SO ORDERED. /S/ Frederic Block________________ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York January 4, 2016 2

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