Gottfried v. U.S. Department of State

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION. The action is dismissed without prejudice pursuant to Rule 4(m). Ordered by Judge Ann M. Donnelly on 5/1/2018. (Greene, Donna)

IM

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

X

^
0 I 20® ^
broo^yn office

BRADLEY GOTTFRIED,

Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

-against-

17-cv-5210(AMD)
(LB)

U.S. DEPARTMENT OF STATE,
Defendant.
X

Ann M.Donnelly, United States District Judge:

On September 5, 2017,the plaintiff, Bradley Gottfried, commenced this action against
the defendant, U.S. Department of State. (ECF No. 1.) On October 12, 2017,the plaintifffiled

an amended complaint. (ECF No. 7.) On December 5, 2017, United States Magistrate Judge

Lois Bloom issued an order directing the plaintiff to file proof of service by December 15, 2017,
or show good cause why he had not served the defendant in a timely way. (ECF No. 8.) On
January 8, 2018,the plaintiff served the summons and amended complaint on an agency

paralegal. (ECF No.9.) On April 16,2018, Judge Bloom issued a Report and Recommendation

in which she recommended that the plaintiffs action be dismissed without prejudice pursuant to
Rule 4(m)ofthe Federal Rules of Civil Procedure. (ECF No. 10.) No objections have been

filed to the Report and Recommendation, and the time for doing so has passed. (ECF No. 10.)
In reviewing an R&R,a district court"may accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C).

Where,as here, no party has objected to the magistrate judge's recommendation,"a district court
need only satisfy itself that there is no clear error on the face of the record." Urena v. New York,

160 F.Supp.2d 606,609-10(S.D.N.Y. 2001)(quoting Nelson v. Smith,618 F.Supp. 1186,1189
(S.D.N.Y. 1985)).

I have carefully reviewed Judge Bloom's well-reasoned Report and Recommendation for

clear error and find that there is none. Accordingly, I adopt the Report and Recommendation in
its entirety. The action is dismissed without prejudice pursuant to Rule 4(m).

SO ORDERED.

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

Dated: Brookljm, New York

May J_» 2018