Lane v. Tilbe et al

Filing 56

ORDER that the Report-Recommendation (Dkt. No. 54 ) is APPROVED and ADOPTED, and it is further ORDERED, that plaintiff's case is DISMISSED without prejudice for failure to prosecute. Signed by Senior District Judge Lawrence E. Kahn on 4/4/2019. (Copy served upon plaintiff via regular and certified mail). (sal )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DON B. LANE, Plaintiff, -against- 9:18-CV-0438 (LEK/DJS) ADAM TILBE, et al., Defendants. ORDER I. INTRODUCTION This matter comes before the Court following a Report-Recommendation filed on February 25, 2019, by the Honorable Daniel J. Stewart, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 54 (“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. 54) is APPROVED and ADOPTED; and it is further ORDERED, that Plaintiff’s case is DISMISSED without prejudice for failure to prosecute; 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 2

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