Kaminski v. Visual ID Source, Inc. et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION: On October 6, 2020, the Honorable Magistrate Judge Steven Tiscione filed a sua sponte Report and Recommendation ("R&R"), recommending this action be dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiff's failure to prosecute. ECF No. 31 . Objections to the R&R were due October 20, 2020, and to date, no objections have been filed. In reviewing a report and recommendation, a distr ict 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). Where no objections have been filed, the Court reviews a report and recommendation fo r clear error. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007) (Garaufis, J.). The Court finds no such error here. Accordingly, the Court adopts the R&R in its entirety. So Ordered by Judge William F. Kuntz, II on 10/29/2020. (Love, Alexis)

Case 2:18-cv-00381-WFK-ST Document 33 Filed 10/29/20 Page 1 of 1 PageID #: 215

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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WIESLAW KAMINSKI,
:
:
Plaintiff,
:
:
v.
:
ORDER
:
18-CV-381 (WFK) (ST)
VISUAL ID SOURCE, INC., ADAM
:
KHALFAN, FAYAZ KHALFAN,
:
MOHAMMED KHALFAN, SAMEER
:
KHALFAN, and ZAHEER KHALFAN,
:
:
Defendants.
:
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WILLIAM F. KUNTZ, II, United States District Judge:
On October 6, 2020, the Honorable Magistrate Judge Steven Tiscione filed a sua sponte
Report and Recommendation (“R&R”), recommending this action be dismissed with prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiff’s failure to prosecute.
ECF No. 31. Objections to the R&R were due October 20, 2020, and to date, no objections have
been filed.
In reviewing 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). Where no objections have been filed, the Court reviews a report and
recommendation for clear error. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y.
2007) (Garaufis, J.). The Court finds no such error here. Accordingly, the Court adopts the
R&R in its entirety.
SO ORDERED.

s/ WFK

Dated: October 29, 2020
Brooklyn, New York

_____________________________
HON. WILLIAM F. KUNTZ, II
UNITED STATES DISTRICT JUDGE