In re McRay, Richardson, Santana, Wise and Salaam Litigation

Filing 178

ADOPTION OF REPORT AND RECOMMENDATION. It is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation, Docket Entry No. 175, of United States Magistrate Judge Ronald L. Ellis, dated March 28, 2012, be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety; and 2. Plaintiff Deloris Wise's action is hereby DISMISSED, WITHOUT PREJUDICE for failure to prosecute. (Signed by Judge Deborah A. Batts on 5/29/2012) (rjm)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------X IN RE MCRAY, RICHARDSON, SANTANA, WISE, AND SALAAM LITIGATION 03 Civ. 9685 (DAB) (RLE) ADOPTION OF REPORT AND RECOMMENDATION ------------------------------------x DEBORAH A. BATTS, United States District Judge. This matter is before the Court upon a Report and Recommendation ("Report") of United States Magistrate Judge Ronald L. Ellis, which was filed March 28, 2012. The Report recommends that pro se Plaintiff Deloris Wise's action be dismissed without prejudice for failure to prosecute. According to 28 U.S.C. 636 (b) (1) (C), "[w] ithin fourteen § days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations." 28 U.S.C. Civ. P. Rule 72(b) (2) § 636(b) (1) (C)i see also Fed. R. (stating that "[w]ithin 14 days after being served with a copy of the recommended disposition, a party may serve and file specific, written objections to the proposed findings and recommendations"). Despite being advised accordingly in Judge Ellis's Report and Recommendation, to date, no objections to the Report have been filed. Having reviewed the Report, and finding no clear error on the face of the record, see 28 U.S.C. hereby § 636(b) (1) (B), it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation, Docket Entry No. 175, of United States Magistrate Judge Ronald L. Ellis, dated March 28, 2012, be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety; and 2. Plaintiff Deloris Wise's action is hereby DISMISSED, WITHOUT PREJUDICE for failure to prosecute. SO ORDERED. DATED: New York, New York Deborah A. Batts United States District 2

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