Merchant v. Nassau County et al

Filing 39

MEMORANDUM & ORDER [ADOPTING REPORT AND RECOMMENDATION]: On 8/27/2012, Magistrate Judge Tomlinson filed a 37 Report & Recommendation ("R&R"), recommending that Plaintiff's Complaint be dismissed due to his repeated failure t o comply with court orders as well as his failure to prosecute his claim. No objections were filed. This Court has reviewed the unopposed R&R, and, finding no clear error, the Court adopts Magistrate Judge Tomlinson's R&R pursuant to 28 U.S.C. § 636(b)(1). Plaintiff's complaint is dismissed. The Clerk of Court is directed to close the case. SO ORDERED by Judge Margo K. Brodie, on 9/28/2012. C/mailed to pro se Plaintiff. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

FILEO

IN CLERK'S OFFICE
U.S. DISTRICfCOURT E.D.N.Y.

*

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

----------------------------------------------------------------)(

SEP 2 82012

*

BROOKLYN OFFICE

ALEX MERCHANT,
Plaintiff,

MEMORDANDUM & ORDER
11-CV-3130 (MKB) (AKT)

v.
C.O. COUGHLIN,
Defendant.

----------------------------------------------------------------)(
MARGO K. BRODIE, United States District Judge:
Plaintiff Ale)( Merchant proceeding pro se filed the above-captioned action on June 29,
2011 pursuant to 42 U.S.C. § 1983. After Plaintiff failed to appear for a mandatory in-court
conference, Magistrate Judge Tomlinson issued an order for Plaintiff to show cause, in person,
why his complaint should not be dismissed for failure to appear, participate in discovery or
prosecute his claims. (Docket No. 33.) Plaintiff did not appear for the show cause hearing. On
August 27, 2012, Magistrate Judge Tomlinson filed a Report & Recommendation ("R&R"),
recommending that Plaintiff s Complaint be dismissed due to his repeated failure to comply with
court orders as well as his failure to prosecute his claim. No objections were filed. This Court
has reviewed the unopposed R&R, and, finding no clear error, the Court adopts Magistrate Judge
Tomlinson's R&R pursuant to 28 U.S.C. § 636(b)(1). Plaintiffs complaint is dismissed. The
Clerk of Court is directed to close the case.

S/Judge Brodie

Dated: September 28, 2012
Brooklyn, New York