Nelson v. Auto World USA

Filing 22

ORDER; That plaintiff's complaint is hereby dismissed with prejudice, and the Clerk of the Court is directed to close the file in this matter. (Ordered by Judge Leonard D. Wexler on 8/4/2014.) (Fagan, Linda)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------)( DREW NELSON, Plaintiff, -against- ORDER FILED cv 12-1768 (Wexler, J.) IN CU'rlK'S OIFICC (,!.!;,DISTRICT COURTED. N.Y. * AUG -4 2014 AUTO WORLD USA, Defendant. ----------------------------------------------------------)( WE)(LER, District Judge: By Report and Recommendation ("R&R") dated August 5, 2013 (docket entry 20), Magistrate Judge A. Kathleen Tomlinson recommended that this Court dismiss Plaintiff's complaint for failure to prosecute and for failure to comply with that Court's orders. See R&R, at 3. The R&R documents Plaintiff's repeated failure to appear or otherwise comply with the Court's directives. The R&R also makes clear that any objections thereto were required to be filed with the Clerk of the Court within fourteen days. While the Court's ECF system notes that the Court's mailing of the R&R to the Plaintiff was returned as "undeliverable," Plaintiff's counsel received electronic notification of the R&R and was ordered to serve a copy of the R&R on Plaintiff. To date, no objections to the R&R have been filed, and the R&R is therefore adopted. Accordingly, Plaintiff's complaint is hereby dismissed with prejudice, and the Clerk of the Court is directed to close the file in this matter. SO ORDERED. \ LEONARD D. WE)(LER UNITED STATES DIST ยท CT JUDGE Dated: Central Islip, New York August 4, 2014 * LONG ISLAND OFFICE

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