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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DUANE HAWKINS,
Plaintiff,
-against-

MEMORANDUM AND ORDER
16-cv-1592 (FB) (RML)

BOBBIE JO BOYD and TANYA
JOHNSON,
Defendants.
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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

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