Powell v. Fannie Mae

Filing 32

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS: for 31 Report and Recommendations. 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 t he magistrate judge." 28 U.S.C.S § 636(b)(1) (LexisNexis 2001). In order to accept those portion of the Report to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the f ace of the record." Carlson v. Dep't of Justice, No. 10 CV 5149,2012 WL 928124, at* 1 (S.D.N.Y. Mar. 19, 2012). The Court has not received any objections to the Report from either Plaintiff or Defendant, so a review for clear error is appro priate. The Court has reviewed carefully Magistrate Judge Fox's thorough Report and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Because the Report explicitly states that "[f]ai lure to object within fourteen (14) days will result in a waiver of objections and will preclude appellate review," the parties' failure to object operates as a waiver of objections and appellate review. See Graham v. City of New York, 433 F. App'x 657, 658 (2d Cir. 2011). And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/22/2017) Copies Mailed By Chambers. (ama) Modified on 2/22/2017 (ama).

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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TANYA GILES POWELL,

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Plaintiff,
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No. 16 CV 1359-LTS-KNF

FANNIE MAE,
Defendant.

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MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION

On February 2, 2017, Magistrate Judge Kevin Nathaniel Fo)( issued a Report and
Recommendation (docket entry no. 31 (the "Report")) regarding the motion of Plaintiff Tanya
Giles Powell for an order to show cause why a preliminary injunction should not issue against
Defendant Fannie Mae enjoining Defendant from permitting damage to Plaintiffs property.
(Report, p. 1.) Judge Fo)( recommended that Plaintiffs request for an order to show cause be
denied because Plaintiff has not satisfied the requirements for a preliminary injunction;
specifically, inter alia, Plaintiff cannot establish irreparable harm because she seeks only money
damages in her complaint. (Report, p. 5.)
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.S § 636(b)(1) (Le)(isNe)(is 2001). In order to accept those portion ofthe Report to which
no timely objection has been made, "a district court need only satisfy itself that there is no clear
error on the face ofthe record." Carlson v. Dep't of Justice, No. 10 CV 5149,2012 WL 928124,
at* 1 (S.D.N.Y. Mar. 19, 2012) (internal quotation marks and citation omitted).

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The Court has not received any objections to the Report from either Plaintiff or
Defendant, so a review for clear error is appropriate. The Court has reviewed carefully
Magistrate Judge Fox's thorough Report and finds no clear error. The Court therefore adopts the
Report in its entirety for the reasons stated therein. Because the Report explicitly states that
"[f]ailure to object within fourteen (14) days will result in a waiver of objections and will
preclude appellate review," the parties' failure to object operates as a waiver of objections and
appellate review. See Graham v. City ofNew York, 433 F. App'x 657, 658 (2d Cir. 2011).
Plaintiff, who is proceeding pro se in this litigation, may be interested in seeking
legal assistance. On September 19, 2016, a new legal clinic opened in this District to assist
people who are parties in civil cases and do not have lawyers. The Clinic is run by a private
organization called the New York Legal Assistance Group; it is not part of, or run by, the Court
(and, among other things, therefore cannot accept filings on behalf of the Court, which must still
be made by any unrepresented party through the Pro Se Intake Unit). The Clinic is located in the
Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room
LL22, which is just inside the Pearl Street entrance to that Courthouse. The Clinic is open on
weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. Plaintiff can make
an appointment in person or by calling 212-659-6190.
SO ORDERED.
Dated: New York, New York
February 22, 2017
LAURA TAYLOR SWAIN
United States District Judge

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