Winfield et al v. City Of New York

Filing 491

ORDER ADOPTING REPORT AND RECOMMENDATION: for 430 Report and Recommendation. The Court has reviewed Magistrate Judge Katharine H. Parker's May 30, 2018 Report and Recommendation (the "Report") (docket entry no. 430) which recommend s that plaintiff Tracey Stewart be dismissed for failure to prosecute. No objections to the Report have been received. In reviewing a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings o r recommendations made by the magistrate [judge]." 28 U.S.C.A. § 636(b)(1)(C) (LexisNexis 2017). "In a case such as this one, where no timely objection has been made, a district court need only satisfy itself that there is no clear err or on the face of the record." Johnson v. New York University School of Education, No. 00 Civ. 8117, at *1, 2003 WL 21433443 (S.D.N.Y. June 16, 2003). The Court has reviewed carefully Magistrate Judge Parker's thorough and well reasoned Rep ort and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Accordingly, Stewart is dismissed from this action and the Clerk of Court is directed to amend the caption accordingly. This Order resolves docket entry no. 381. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/18/2018). *** Party Tracey Stewart terminated. (ama) Modified on 7/18/2018 (ama).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JANELL WINFIELD, TRACEY STEWART,
SHAUNA NOEL, and EMMANUELLA
SENAT,
Plaintiffs,
-v-

No. 15 CV 5236-LTS-KHP

CITY OF NEW YORK,
Defendant.
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ORDER
LAURA TAYLOR SWAIN, United States District Judge

ORDER ADOPTING REPORT & RECOMMENDATION

The Court has reviewed Magistrate Judge Katharine H. Parker’s May 30, 2018
Report and Recommendation (the "Report") (docket entry no. 430) which recommends that
plaintiff Tracey Stewart be dismissed for failure to prosecute. No objections to the Report have
been received.
In reviewing a report and recommendation, a district 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) (LexisNexis 2017). “In a case such as this one, where 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.” Johnson v. New York University School of Education, No. 00 Civ. 8117, at
*1, 2003 WL 21433443 (S.D.N.Y. June 16, 2003).

The Court has reviewed carefully Magistrate Judge Parker’s thorough and wellreasoned Report and finds no clear error. The Court therefore adopts the Report in its entirety
for the reasons stated therein. Accordingly, Stewart is dismissed from this action and the Clerk
of Court is directed to amend the caption accordingly.
This Order resolves docket entry no. 381.

SO ORDERED.
Dated: New York, New York
July 18, 2018
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
United States District Judge