Hawkins v. Boyd et al

Filing 15

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no errors the Court adopts the MJ Levy's 15 Report and Recommendation without de novo review and grants plaintiffs motion 13 for default judgment. Ordered by Judge Frederic Block on 1/3/2017. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x DUANE HAWKINS, Plaintiff, -against- MEMORANDUM AND ORDER 16-cv-1592 (FB) (RML) BOBBIE JO BOYD and TANYA JOHNSON, Defendants. --------------------------------------------------x Appearances: For Plaintiff: ZAKI ISAAC B. TAMIR RONALD LAWRENCE LANGMAN Tamir Law Group 30 Broad Street, 14th Floor New York, New York 10004 BLOCK, Senior District Judge: On November 18, 2016, Magistrate Judge Robert M. Levy (“MJ”) issued a Report and Recommendation (“R&R”) recommending that plaintiff’s Motion for Default Judgment be granted. The R&R was docketed on November 18, 2016. To date, no objections have been filed, and more than fourteen days have 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.”). This Court, however, will 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 for Default Judgment. SO ORDERED. /S/ Frederic Block_______ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York January 3, 2017 2

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