Thomas v. The United States

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION for 20 Report and Recommendations. No party filed a timely objection to the Report; therefore the Court reviews it for clear error. See Fed. R. Civ. P. 72(b), Advisory Committee's Notes (1983) (&qu ot;When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."); see also Borcsok v. Early, 299 F. App'x 76, 77 (2d Cir. 2008). Judge P itman's Report presents no such errors and is therefore fully adopted by this Court. Accordingly, this action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Signed by Judge J. Paul Oetken on 10/27/2015) Copy Mailed to Pro Se Party By Chambers. (kko)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-------------------------------------------------------------- )(
ROBBIE THOMAS,
Plaintiff,
14-CV-3597 (JPO)
-v-

ORDER ADOPTING
REPORT AND
RECOMMENDATION

THE UNITED STATES,
Defendant.

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)(

J. PAUL OETKEN, District Judge:
Plaintiff Robbie Thomas filed the complaint in this action on May 20, 2014. (Dkt. No.
2.) On September 29, 2014, the Court referred the case to Magistrate Judge Henry B. Pitman for
general pretrial proceedings. (Dkt. No. 6.) On November 14, 2014, Judge Pitman granted the
motion of Plaintiffs counsel to withdraw following a "breakdown in communication" with
Plaintiff. (Dkt. Nos. 12, 14.) On July 2, 2015, Defendant the United States wrote to Judge
Pitman requesting that the Court dismiss the case for failure to prosecute under Federal Rule of
Civil Procedure 4l(b). (Dkt. No 17.) On July 17, 2015, Judge Pittman issued a notice to
Plaintiff that the case may be dismissed for failure to prosecute if Plaintiff failed to communicate
with the Court within 30 days. (Dkt. No. 18.) Having received no response from Plaintiff, Judge
Pitman issued a Report and Recommendation concluding that this action should be dismissed
without prejudice. (Dkt. No. 20, "The Report.") The Court has reviewed the Report.
No party filed a timely objection to the Report; therefore the Court reviews it for clear
error. See Fed. R. Civ. P. 72(b), Advisory Committee's Notes (1983) ("When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation."); see also Borcsok v. Early, 299 F. App'x 76, 77

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(2d Cir. 2008). Judge Pitman's Report presents no such errors and is therefore fully adopted by
this Court.
Accordingly, this action is dismissed without prejudice pursuant to Federal Rule of Civil
Procedure 41(b).
SO ORDERED.
Dated: October 27, 201{
New York, New York

COPY MAILED TO PRO SE PARTY BY CHAMBERS

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