Welch v. Does no. 1-3 et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that the Court accepts Magistrate Judge Brown's Report in its entirety. This case is dismissed with prejudice for plaintiffs failure to prosecute, see Fed. R. Civ. P. 4l(b), and the Clerk of Court is directed to close this case. The Clerk of Court shall serve a copy of this order upon all parties, including mailing a copy of this order to the plaintiff, and shall record such service on the docket. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/2/2014. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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RICHARD WELCH,

Plaintiff,

ORDER
13-CV -1946 (SJF)(GRB)
f !L EC

-againstP.O. JOHN DOES NO. 1-3,
DIANE PERESS, A.M.T. BRIAN MATTHEWS,
THE COUNTY OF NASSAU,
Defendants.

IN CLERK'S OFFICE
U S DISTRICT COURT E 0 N Y

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u.JL 02 2014

LONG ISLAND OFFICE

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FEUERSTEIN, J.
On April 5, 2013, plaintiff Richard Welch ("plaintiff') 1 commenced this action against
P.O. John Does No. I 93, Diane Peress, A.M.T. Brian Matthews, and the County of Nassau
("defendants"), alleging civil rights violations pursuant to 42 U.S.C. § 1983. [Docket Entry No.
1].

Presently before the Court is the Report and Recommendation (the "Report") of
Magistrate Judge Gary R. Brown, dated June 16,2014, recommending that this case be
dismissed for plaintiffs failure to prosecute. [Docket Entry No. 22]. No objections to the
Report have been filed. For the following reasons, the Court accepts Magistrate Judge Brown's
Report in its entirety.
L

*

Standard of Review
Any portion of a report and recommendation on dispositive matters to which a timely

objection has been made is reviewed de novo. 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 72(b). The
Court, however, is not required to review the factual findings or legal conclusions of the

At the time of the commencement of this action, plaintiff was represented by counsel. On
January 17,2014, this Court granted plaintiff's counsel's motion to withdraw.

magistrate judge as to which no proper objections are interposed. See Thomas v. Arn, 474 U.S.
140, 150, 106 S.Ct. 466,88 L.Ed.2d 435 (1985). To accept the report and recommendation of a
magistrate judge on a dispositive matter to which no timely objection has been made, the district
judge need only be satisfied that there is no clear error on the face of the record. See Fed. R. Civ.
P. 72(b); Johnson v. Goord, 487 F. Supp. 2d 377,379 (S.D.N.Y. 2007), aff'd, 305 F. App'x 815
(2d Cir. Jan. 9, 2009); Baptichon v. Nevada State Bank, 304 F. Supp. 2d 451, 453 (E.D.N.Y.
2004), aff'd, 125 F. App'x 374 (2d Cir. Apr. 13, 2005). Whether or not proper objections have
been filed, the district judge may, after review, accept, reject, or modify any of the magistrate
judge's findings or recommendations. 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 72(b).
II.

Discussion
No objections to Magistrate Judge Brown's Report have been filed. Upon review, the

Court is satisfied that the Report is not facially erroneous. Accordingly, the Court accepts
Magistrate Judge Brown's Report in its entirety. This case is dismissed with prejudice for
plaintiffs failure to prosecute, see Fed. R. Civ. P. 4l(b), and the Clerk of Court is directed to
close this case.
In accordance with Rule 77(d) of the Federal Rules of Civil Procedure, the Clerk of Court
shall serve a copy of this order upon all parties, including mailing a copy of this order to the
plaintiff, and shall record such service on the docket.
SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge
Dated: July 2, 2014
Central Islip, New York
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