Bey et al v. State of New York et al

Filing 77

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION - Judge Wall's R&R is ADOPTED in its entirety, and this action is DISMISSED WITH PREJUDICE for failure to prosecute. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff and to mark this matter CLOSED. Ordered by Judge Joanna Seybert on 9/13/2013. C/M; C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
MALCOLM BEY,
Plaintiff,
-againstSTATE OF NEW YORK, NASSAU COUNTY INC.,
NASSAU COUNTY FAMILY COURT, NASSAU
COUNTY CHILD PROTECTIVE SERVICES,
EDMUND DANE, SUZANNE LEAHEY, ELIZABETH
McGRATH, ROSALIE FITZGERALD, JOHN
COPPOLA, ALTON WILLIAMS, DAVID SULLIVAN,
KATHLEEN RICE, DAVID GOTIMER, BRUCE
COHEN, MERRY-LOU FERRO, CHERYL KREGER,
WARREN FREEMAN, and JANE DOE/JOHN DOE
1-100,

MEMORANDUM & ORDER
11-CV-3296(JS)(WDW)

Defendants.
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APPEARANCES
For Plaintiff:
Malcolm Bey, pro se
P.O. Box 31
Uniondale, NY 11553
For Defendants:
N.Y.S. Defendants

Ralph Pernick, Esq.
N.Y.S. Attorney General’s Office
200 Old Country Road, Suite 240
Mineola, NY 11501

County Defendants

Liora M. Ben-Sorek, Esq.
Nassau County Attorney’s Office
One West Street
Mineola, NY 11501

Bruce Cohen, Esq.

Adam Daniel Levine, Esq.
Matthew K. Flanagan, Esq.
Catalano, Gallardo & Petropoulous, LLP
100 Jericho Quadrangle, Suite 326
Jericho, NY 11753

Cheryl Kreger, Esq.

Jessica Zimmerman, Esq.
Marian C. Rice, Esq.
L’Abbate, Balkan, Colavita & Contini LLP
1001 Franklin Avenue
Garden City, NY 11530

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge William D.
Wall’s Report and Recommendation (“R&R”) recommending that this
action be dismissed pursuant to Rule 41(b) of the Federal Rules of
Civil Procedure. For the following reasons, the Court ADOPTS Judge
Wall’s R&R in its entirety.
BACKGROUND
The

Court

assumes

familiarity

with

the

factual

and

procedural background of this action, which the Court detailed in
its Orders resolving the defendants’ motions to dismiss and motion
for judgment on the pleadings.

(Docket Entries 62, 72.)

As is

relevant here, Judge Wall issued his R&R on August 27, 2013
recommending that this action be dismissed with prejudice pursuant
to

Rule

41(b)

because:

(1)

pro

se

Plaintiff

Malcolm

Bey

(“Plaintiff”) failed to appear for a conference before Judge Wall
on July 23, 2013, (2) although he was warned that failure to appear
again could result in the dismissal of his action with prejudice,
Plaintiff did not appear for Judge Wall’s rescheduled conference
on August 22, 2013, and (3) Plaintiff has not filed anything in
this action or otherwise been in contact with the Court since
November 2011.
Judge Wall mailed a copy of his R&R to Plaintiff at the
address he provided to the Court.
file any objections.

Plaintiff, however, did not

DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

made

in
by

whole
the

or

in

part,

magistrate

the

judge.”

findings
28

and

U.S.C.

§ 636(b)(1)(C). If no timely objections have been made, the “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) (internal quotation marks and citation omitted).
Here, no party objected to Judge Wall’s R&R.

And the

Court finds it to be correct, comprehensive, well-reasoned, and
free of any clear error.

Accordingly, the Court ADOPTS it in its

entirety.
CONCLUSION
Judge Wall’s R&R is ADOPTED in its entirety, and this
action is DISMISSED WITH PREJUDICE for failure to prosecute.
The Clerk of the Court is directed to mail a copy of
this Memorandum and Order to the pro se Plaintiff and to mark this
matter CLOSED.
SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

September
13 , 2013
Central Islip, NY

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