Ocasio et al v. Scott et al

Filing 46

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, In line with the foregoing, Magistrate Judge Bloom's Report and Recommendation, dated 2/8/17 (ECF Dkt. #40), is adopted, in its entirety, as the opinion of the Court. Ocasio's compla int is, therefore, dismissed, pursuant to FRCP 16(f) and 37(b)(2)(A)(v). The Clerk of Court is directed to terminate Ocasio from this action. The case shall proceed as Brooks v. Scott, et al., under this docket number. The Clerk of Court is further directed to mail a copy of this Order to Ocasio. (Ordered by Judge Eric N. Vitaliano on 3/17/2017) c/m (Galeano, Sonia)

FILED

US DIN CLERK'S OFFlck
ISTRICT COURT E.D.N.

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UNITED STA TES DIST RICT COURT
EASTERN DISTRICT OF NEW YORK

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MAR l 1 2017

BROOKLYN OFFlCE

OMAR OCAS IO and VAN BROOKS,
Plaintiffs.

MEMORANDUM & ORDER
-againstl 6-cv-1336 (ENV) (LB)
BECKY SCOTT, Warden, et al. ,
Defendants.

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V ITALIANO, D.J.
On March 14, 20 16, pro se plainti ffs Omar Ocasio and Van Brooks fi led this civil rig ts
action. (ECF Dkt. No. 1.) After Ocasio failed to appear at a court-ordered conference, and al o
fai led to comply with several other court orders, despite being warned that his noncompl ianc
cou ld result in the dismissal of his complaint, Magistrate Judge Lois Bloom issued a report j d
recommendation, dated Februar y 8, 20 17, recommending that Ocasio's complaint be dism iss d,
pursuant to Federal Rules of Civil Procedure 16(f) and 37(b)(2)(A)(v). (ECF Dkt. No. 40.)
With notice given (see id.), no party has filed an obj ection to Magistrate Judge Bloo j 's
report and recommendation, and the time to do so has passed. In accordance with the applic ble
clear-error standard ofreview, see Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial

Corp., 54 F. Supp. 3d 279, 283 (E.D.N.Y. 2014), the Court has carefully reviewed the report and
recommendation, and finds it to be correct, well-reasoned, and free of any clear error. The
Court, therefore, adopts it, in its entirety, as the opinion of the Court.
Conclusion
In line with the foregoi ng, Magistrate Judge Bloom 's report and recommendation, dated
February 8, 20 17 (ECF Dkt. No. 40), is adopted, in its entirety, as the opinion of the Court.

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Ocasio's complaint is, therefore, dismi ssed, pursuant to Federal Rules of Civil Procedure 16(f)

/s/ USDJ ERIC N. VITALIANO