Stanley v. Lindsay et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations. Accordingly, the action is hereby dismissed without prejudice. The Clerk of Court is directed to close the case. (Signed by Judge J. Paul Oetken on 10/11/2016) Copies Mailed By Chambers. (cla)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
WILLIE LEE STANLEY,
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Plaintiff,
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-v:
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C.O. LINDSAY, et al.,
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Defendants. :
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14-CV-9232 (JPO)
ORDER ADOPTING
REPORT AND
RECOMMENDATION

J. PAUL OETKEN, District Judge:
On March 1, 2016, Magistrate Judge Freeman ordered pro se Plaintiff Willie Lee Stanley
to show cause by March 31, 2016 why the court should not recommend that the case be
dismissed, sua sponte, for failure to prosecute. (See Dkt. No. 16.) To date, Plaintiff has not
responded to the Order to Show Cause.
As a result, Judge Freeman issued a Report and Recommendation (the “Report”) that this
Court dismiss this action without prejudice and close the case. (Dkt. No. 17.) 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
(2d Cir. 2008). Magistrate Judge Freeman’s Report presents no such errors and is therefore fully
adopted by this Court.

Accordingly, the action is hereby dismissed without prejudice.
The Clerk of Court is directed to close the case.
SO ORDERED.

Dated: October 11, 2016
New York, New York

____________________________________
J. PAUL OETKEN
United States District Judge

COPY MAILED TO PRO SE PARTY BY CHAMBERS

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