Din v. People of the State of New York

Filing 23

ORDER that the Report and Recommendations (Dkt. No. 21 ) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Petitioner's amended petition (Dkt. No. 7 ) is DISMISSED for failure to prosecute and for failure to comply with the Local Rules regarding notification of any pro se litigant's change of address. Signed by Senior District Judge Lawrence E. Kahn on 4/4/2019. (Copy served upon petitioner via regular mail). (sal )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
AH DIN,
Petitioner,
-against-

9:17-CV-1147 (LEK/DEP)

ANTHONY J. ANNUCCI,
Respondent.

ORDER
I.

INTRODUCTION
This matter comes before the Court following a Report-Recommendation filed on

February 15, 2019, by the Honorable David E. Peebles, U.S. Magistrate Judge, pursuant to
28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 21 (“Report-Recommendation”).
II.

LEGAL STANDARD
Within fourteen days after a party has been served with a copy of a magistrate judge’s

report-recommendation, the party “may serve and file specific, written objections to the
proposed findings and recommendations.” Fed. R. Civ. P. 72(b); L.R. 72.1(c). If objections are
timely filed, a court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” § 636(b).
However, if no objections are made, a district court need review the report-recommendation only
for clear error. Barnes v. Prack, No. 11-CV-857, 2013 WL 1121353, at *1 (N.D.N.Y.
Mar. 18, 2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306–07, 306 n.2 (N.D.N.Y. 2008),
abrogated on other grounds by Widomski v. State Univ. of N.Y. at Orange, 748 F.3d 471 (2d Cir.

2014). “A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” § 636(b).
III.

DISCUSSION
No objections were filed in the allotted time period. Accordingly, the Court has reviewed

the Report-Recommendation for clear error and has found none. The Court therefore adopts the
Report-Recommendation in its entirety.
IV.

CONCLUSION
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 21) is APPROVED and

ADOPTED in its entirety; and it is further
ORDERED, that Petitioner’s amended petition (Dkt. No. 7) is DISMISSED for failure
to prosecute and for failure to comply with the Local Rules regarding notification of any pro se
litigant’s change of address; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on all parties in
accordance with the Local Rules.
IT IS SO ORDERED.

DATED:

April 04, 2019
Albany, New York

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