Poole v. The City Of New York et al

Filing 11

ORDER: ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations. Accordingly, the Court adopts the Report in full, dismissing the petition with prejudice. The Clerk of the Court is directed to close the case. The Court certifies, pur suant to 28 U.S.C. § 1915(a) (3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Barbara S. Jones on 12/3/2012) (djc)

Download PDF
USDCSDNY DOCUMENT ELECTRON1CALLY FILeD UNI STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------x DARIN POOLE, DOC# ______~__T-~.-~~ 0 '" DATE FILED: 1:1-/ 0 ) r I Z?r Plaintiff, 11 Civ. 8886 (BSJ) (FM) v. CITY OF NEW YORK, P.O. TAYLOR, and P.O. TANCREDI, Order Defendants. -- -- -- -- -- -------------------------x BARBARA S. JONES UNITED STATES DISTRICT JUDGE On November 5, 2012, Magistrate Judge Maas issued a Report and Recommendation ("Report"), recommending that this Court dismiss the complaint without prejudice for want of prosecution. Pro se aintiff failed to object to Judge Maas's Report within 14 days, as ordered. The Court has reviewed the Report and is satisfied that there is no clear error on the face of the record, and confirms and adopts the Report in its entirety. See King v. Greiner, No. 02 Civ. 5810(DLC), 2009 WL 2001439, at *4 (S.D.N.Y. July 8, 2009) (citation omitted); see also wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003). Plaintiff's failure to file written objections precludes appellate review of this decision. 517 F.3d 601, 604 (2d Cir. 2008). See Accordingly, the Court adopts the Report in full, dismissing the petition with prejudice. to close the case. The Clerk of the Court is directed fj) The Court certi es, pursuant to 28 U.S.C. § 1915(a) (3), that any appeal from this Order would not be taken in good faith, and refore in forma pauperis status is denied for the purpose of an appeal. See 369 U. S. 438, 444­ 45 (1962). SO ORDERED: JUDGE Dated: New York, New York December 3, 2012

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?