Grazette v. Urban Resource Institute

Filing 17

ORDER for 16 Report and Recommendations. The Court has reviewed the Report thoroughly and is satisfied that it contains no clear error. Therefore, the Court adopts the Report in its entirety. This case is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Clerk of Court is directed to enter judgment accordingly and to close this case. (Signed by Judge Laura Taylor Swain on 5/8/2013) Copies Mailed By Chambers. (ft)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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KEBA GRAZETTE,
Plaintiff,
-v-

No. 11 Civ. 8007 (LTS)(HBP)

URBAN RESOURCE INSTITUTE,
Defendant.
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ORDER
The Court has received Magistrate Judge Henry Pitman’s April 9, 2013, Report
and Recommendation (the “Report”) which recommends that, in light of Plaintiff’s preference
for litigating her claims in state court, this Circuit’s policy in favor of resolving claims on the
merits and the lack of opposition from Defendant, this action be dismissed without prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(2). The Report warned that failure to file
objections within the fourteen days would result in a waiver of objections and preclude appellate
review. As of the date of this Order, neither party has submitted an objection.
When reviewing a report and recommendation, the Court “may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28
U.S.C.A. § 636(b)(1)(C) (West 2006). “To accept the report and recommendation of a
magistrate, to which no timely objection has been made, a district court need only satisfy itself
that there is no clear error on the face of the record.” Wilds v. United Parcel Service, Inc., 262
F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (internal quotation marks and citation omitted). The
Court has reviewed the Report thoroughly and is satisfied that it contains no clear error.

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Therefore, the Court adopts the Report in its entirety.
This case is dismissed without prejudice pursuant to Federal Rule of Civil
Procedure 41(a)(2). The Clerk of Court is directed to enter judgment accordingly and to close
this case.

SO ORDERED.
Dated: New York, New York
May 8, 2013
/S
LAURA TAYLOR SWAIN
United States District Judge
Copies mailed to:
Keba Grazette
92-16 Liberty Avenue, Apt 2R
Ozone Park, NY 11417

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