Ramos v. Benedict et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Currently before the Court is the Report and Recommendation ("R & R") of United States Magistrate Judge Andre J. Peck recommending that Plaintiffs Complaint (filed on February 28,2012) be dismissed without prejudice for failure to timely serve it pursuant to Fed. R. Civ. P. 4(m) Fed.R.Civ.P. 41(b) (Dkt. 12.) When no objection is made to a portion of a report and recommendation, the Court subjects that portion of the report and recommendation to only a clear error review. See Lewis v. Zon, 573 F.Supp.2d 804,811 (S.D.N.Y.2008); Fed.R.Civ.P. 72 advisory committee's note (b). Despite having been notified of his right to file an Objection, none has been filed. I have reviewed the R & R for clear error, and fine none. Accordingly, I adopt the R & R for the reasons stated therein. The Clerk of Court is respectfully directed to close the case. (Signed by Judge Robert L. Carter on 10/24/2012) (pl)

USDCSDNY
DOCUMENT

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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ELECTRONICALLY FILED

DOC#:

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1

Albert Ramos,

Plaintiff,

11 Civ. 8664 (ALC) (AJP)

-against-

ORDER ADOPTING
REPORT AND
RECOMMENDATION

Brian Fischer, J. Benedict & Joe Ford,

Defendants.

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ANDREW L. CARTER, JR., District Judge:

Currently before the Court is the Report and Recommendation ("R & R") of United
States Magistrate Judge Andre J. Peck recommending that Plaintiffs Complaint (filed on
February 28,2012) be dismissed without prejudice for failure to timely serve it pursuant to Fed.
R. Civ. P. 4(m) Fed.R.Civ.P. 41(b) (Dkt. 12.) When no objection is made to a portion ofa report
and recommendation, the Court subjects that portion of the report and recommendation to only a
clear error review. See Lewis v. Zon, 573 F.Supp.2d 804,811 (S.D.N.Y.2008); Fed.R.Civ.P. 72
advisory committee's note (b). Despite having been notified of his right to file an Objection, none
has been filed. I have reviewed the R & R for clear error, and fine none. Accordingly, I adopt the
R & R for the reasons stated therein. The Clerk of Court is respectfully directed to close the case.
SO ORDERED.
Dated:

New York, New York
October 24,2012

7~1-ANDREW L. CARTER, JR.

United States District Judge