Friedman v. New York State University of NY at Binghamton

Filing 8

DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 7) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED without prejudice for failure to prosecute. Signed by Senior Judge Lawrence E. Kahn on August 27, 2012. (sas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ALICE FRIEDMAN, Plaintiff, -against- 5:12-CV-0082 (LEK/DEP) NEW YORK STATE UNIVERSITY OF NY AT BINGHAMTON, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on June 22, 2012 by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b). Dkt. No. 7 (“Report-Recommendation”). Within fourteen days after a party has been served with a copy of a magistrate judge’s reportrecommendation, the party “may serve and file specific, written objections to the proposed findings and recommendations.” FED . R. CIV . P. 72(b); N.D.N.Y. L.R. 72.1(c). “If no objections are filed . . . reviewing courts should review a report and recommendation for clear error.” Edwards v. Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006) (citations omitted). Here, no objections have been raised in the allotted time with respect to Magistrate Judge Peebles’ Report-Recommendation. After examining the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice. Accordingly, it is hereby: ORDERED, that the Report-Recommendation (Dkt. No. 7) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED without prejudice for failure to prosecute; and it is further ORDERED, that the Clerk of the Court serve a copy of this Decision and Order upon the parties to this action. IT IS SO ORDERED. DATED: August 27, 2012 Albany, New York 2

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