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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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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.
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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
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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

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