Folk v. Barton et al

Filing 32

ORDER: Adopting REPORT AND RECOMMENDATIONS 30 Report and Recommendations. Objections to Judge Francis's R&R were due by December 16, 2016. See Dkt. No. 30 at 9-10. As of May 16, 2017, no objections have been filed. The Court thus reviews the R&R for clear error, and finds none. The Court therefore adopts the R&R in its entirety and GRANTS Defendant's motion to dismiss on the grounds described by Judge Francis. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/17/2017) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Calvin Folk,

Plaintiff,
15 Civ. 6443 (AJN)(JCF)

-vORDER
Captain Barton, Shield No. 1684, et al,

Defendants.

ALISON J. NATHAN, District Judge:
Before the Court is Judge Francis's Report & Recommendation ("R & R")
recommending that the Court grant the Defendant's motion to dismiss plaintiff's complaint
pursuant to Federal Rule of Civil Procedure 4l(b) for failure to prosecute. See Dkt. No. 30.
When considering the findings and recommendations of a magistrate judge, the Court
may "accept, reject, or modify [them], in whole or in part." 28 U.S.C. § 636(b) (1). The Court
must make a de nova determination of any portions of a magistrate's report or findings to which
a party raises an objection, and reviews only for "clear error on the face of the record" when
there are no objections to the R & R. Brennan v. Colvin, No. 13-CV-6338 (AJN) (RLE), 2015
WL 1402204, at* 1 (S.D.N.Y. Mar. 25, 2015),· see also Hicks v. Ercole, No. 09-cv-2531 (AJN)

(MHD), 2015 WL 1266800, at *1 (S.D.N.Y. Mar. 18, 2015); Gomez v. Brown, 655 F.Supp.2d
332, 341 (S.D.N.Y. 2009). Clear error is found only when, upon review of the entire record, the
Court is left with "the definite and firm conviction that a mistake has been committed." Laster v.

Mancini, No. 07-CV-8265 (DAB) (MHD), 2013 WL 5405468, at *2 (S.D.N.Y. Sept. 25, 2013)
(quoting United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006)).
Objections to Judge Francis's R & R were due by December 16, 2016. See Dkt. No. 30
at 9-10. As of May 16, 2017, no objections have been filed. The Court thus reviews the R & R
for clear error, and finds none. The Court therefore adopts the R & R in it~ entirety and
GRANTS Defendant's motion to dismiss on the grounds described by Judge Francis.

SO ORDERED.

Dated: May

11_, 2017

New York, New York

I

i

j,
ALISON J. NATHAN
United States District Judge

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