Johnson v. Pep Boys - Manny, Moe & Jack Of Delaware, Inc.

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION: The plaintiff's complaint is dismissed with prejudice. Ordered by Judge Ann M. Donnelly on 10/2/2017. (Greene, Donna)

t ir. district COURT R p UY
US CLERK'S OFFICE

5 OCT 0 2 2017

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
-X

BROOKLV'—--

ERIC JOHNSON,

Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

-against-

17-CV-00056(AMD)
(JO)

PEP BOYS-MANNY, MOE & JACK OF DELAWARE,
INC.,
Defendant.
■X

Ann M. Donnelly, United States District Judge:
On December 2, 2016, the plaintiff Eric Johnson commenced this action in New York
Supreme Court, Queens County, against the defendant Pep Boys - Manny, Moe & Jack of
Delaware, Inc., for personal injuries sustained as a result of Pep Boys' alleged negligence. (ECF
No. 1-2.) On January 5, 2017, the defendant removed the case to this court. (ECF No. 1.)

Since the commencement of this case, the plaintiff has not appeared at two court-ordered
conferences, and has not complied with his discovery obligations. (ECF Nos. 15, 19,22.) As a

result of the plaintiffs non-compliance, on July 24, 2017, United States Magistrate Judge James
Orenstein issued a Report and Recommendation in which he recommended that the plaintiffs

complaint be dismissed with prejudice for failure to prosecute. (ECF Nos. 19, 22.) No
objections have been filed to the Report and Recommendation, and the time for doing so has
passed. (ECF No. 22.)

1 have carefully reviewed Judge Orenstein's well-reasoned Report and Recommendation
for clear error, and find that there is none. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Ml.
Hawley Ins. Co. v. Abraham Litlle Neck Dev. Grp.,

No. 09-cv-3463-PKC-ARL, 2015 WL

867010, at *1 (E.D.N.Y. Feb. 27, 2015) (reviewing Report and Recommendation for clear error

where no objections were made). Thus, I adopt the report and recommendation in its entirety.

The plaintiffs complaint is dismissed with prejudice.

SO ORDERED.

s/Ann M. Donnelly
Ann M. Donnelly
United States District Judge

Dated: Brooklyn, New York
Octobers, 2017