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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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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.
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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

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