Padhy et al v. City of New York et al

Filing 7

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts MJ Gold's Report and Recommendation 4 without de novo review and directs the Clerk to enter judgment in accordance with the Report and Recommendation. Ordered by Judge Frederic Block on 10/4/2017. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------x CHANDRAJEET PADHY and OSAMA KHALEEL, MEMORANDUM AND ORDER Case No. 17-CV-03211 (FB) (SMG) Plaintiffs, -againstTHE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, SGT. CONA, and POLICE OFFICER JOHN DOE, Defendants. ----------------------------------------------------------x Appearances: For the Plaintiffs: THOMAS AUSTIN BROWN, ESQ. The Austin Brown Law Firm 349 5th Avenue New York, New York 10016 For the Defendants: ARTHUR G. LARKIN NYC Office of Corporation Counsel Special Federal Litigation Division 100 Church Street, Room 3-180 New York, NY 10007 BLOCK, Senior District Judge: On September 15, 2017, Magistrate Judge Gold issued a Report and Recommendation (“R&R”) recommending that the Court dismiss the Complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 4(m). See R&R at 1. The R&R also stated that Plaintiffs’ failure to object within fourteen days of receiving the R&R may preclude appellate review. See id. No objections have been filed. If clear notice has been given of the consequences of failure to object and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the 1 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 will excuse the failure to object and 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 directs the Clerk to enter judgment in accordance with the R&R. SO ORDERED. _/S/ Frederic Block_______ FREDERIC BLOCK Senior United States District Judge Brooklyn, NY October 3, 2017 2

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