Balila v. Nassau County et al

Filing 30

REVISED ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that the Court has reviewed the record and, finding no clear error, adopts the R & R as the opinion of the Court. Accordingly, the Court grants defendants' motion to dismiss. The Cour t certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this order to the plaintiff and to mark this case closed. Ordered by Judge Joan M. Azrack on 6/28/2017. (cm to pro se plaintiff) (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ROTEM BALILA,
Plaintiff,

For Online Publication Only

REVISED ORDER ADOPTING
REPORT AND
RECOMMENDATION
FILED 
16-CV-646 (JMA)(AYS)
CLERK 

-against-

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

6/28/2017 11:07 am

NASSAU COUNTY, et al.,
Defendants.
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AZRACK, United States District Judge:

Plaintiff Rotem Balila brought this civil rights action against the defendants on February 1,
2016. The defendants moved to dismiss plaintiff’s complaint pursuant to Federal Rule of Civil
Procedure 41(b) on December 29, 2016. In a Report and Recommendation dated May 26, 2017
(“the R&R”), the Honorable Anne Y. Shields, United States Magistrate Judge, recommended that
the motion to dismiss be granted.
No party has objected to the R & R, and the time for doing so has passed. When deciding
whether to adopt a report and recommendation, 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). “To accept the report and recommendation of a magistrate, to which no timely objection
has been made, a district court need only satisfy itself that there is no clear error on the face of the
record.” Jarvis v. N. Am. Globex Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y.2011) (internal
quotation marks and citation omitted). The Court has reviewed the record and, finding no clear
error, adopts the R & R as the opinion of the Court. Accordingly, the Court grants defendants’
motion to dismiss.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order
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would not be taken in good faith and therefore in forma pauperis status is denied for the purpose
of any appeal. See Coppedge v. United States, 369 U.S. 438, 444–45 (1962). The Clerk of the
Court is directed to mail a copy of this order to the plaintiff and to mark this case closed.

SO ORDERED.
Date: June 28, 2017
Central Islip, New York
_____/s/ (JMA)___________
Joan M. Azrack
United States District Judge

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