Toliver v. The City of New York et al

Filing 82

ORDER adopting 78 Report and Recommendations. After reviewing the record, the Court finds that Judge Francis's well-reasoned and careful Report is not facially erroneous. Accordingly, the Court adopts the Report in its entirety and dismisses this action with prejudice. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Richard J. Sullivan on 2/26/2013) Copies Mailed By Chambers. (mro)

USDSSDNY
DOCUJ\lEt T
ELECTT..O_ 'TeALLY FIL:D
DOC #: _ _ __ _ _ _ _

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

DAT FlLED : 'l -'2. ~ - I}

MICHEL TOLIVER,
Plaintiff,

No. 10 Civ. 7798 (RJS) (JCF)
ORDER

-v-

THE CITY OF NEW YORK, et al.,

Defendants.

RICHARD 1. SULLIVAN, District Judge:
By Order dated March 19, 2012, the Court adopted the Report and Recommendation of
the Honorable James C. Francis, Magistrate Judge, and dismissed the Complaint in this action
without prejudice to Plaintiffs refiling an amended pleading. By order dated June 29, 2012, the
Court directed Plaintiff to submit any amended pleading no later than July 16, 2012 . Although
Plaintiff sent a letter prior to that deadline, it was not responsive to the Court's order. Rather, it
referred to a document that Plaintiff had submitted two years earlier, which, of course, could not
have been an amendment conforming to the Court's March 19 Order. Accordingly, on August
20, 2012, Judge

Francis issued a new Report and

Recommendation (the "Report")

recommending that this action be dismissed. Plaintiff did not submit any objections to Judge
Francis's Report.
When no objections to a report and recommendation are made, the Court may adopt the
report if there is no clear error on the face of the record. Adee Motor Cars, LLC v. Amato, 388 F.
Supp. 2d 250, 253 (S.D.N.Y. 2005); La Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y.
2000).

After reviewing the record, the Court finds that Judge Francis's well-reasoned and

careful Report is not facially erroneous. Accordingly, the Court adopts the Report in its entirety
and dismisses this action with prejudice.

The Clerk of the Court is respectfully directed to close this case.

SO ORDERED.
DATED:

February 26, 2013
New York, New York
RIC ARD J. SULLIVAN
UNITED STATES DISTRICT JUDGE

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A copy of this Order was mailed to:
Michel Toliver
10-A-4565
Upstate Correctional Facility
P.O.Box 2001
Malone, NY 12953

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