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 )
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?