Adams v. City of New York et al

Filing 82

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 81 Report and Recommendations. Having reviewed the Report for clear error and finding none, Magistrate Judge Moses's recommendation to dismiss this action pursuant to Rule 41(b) is ADOPTED. The Clerk of Court is directed to close this action accordingly. This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Therefore, in forma pauperis status is DENIED for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (As further set forth in this Order.) (Signed by Judge George B. Daniels on 4/12/2018) (cf)

UNITED ST ATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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TYRONE ADAMS,
Plaintiff,
-againstCITY OF NEW YORK, N.Y.P.D., and DET. SEAN
MAGUIRE, DET. BRIAN GREEN, and SGT.
SHAUN GARRETT, in their individual and official:
capacities,

ORDER
16 Civ. 6799 (GBD) (BCM)

Defendants.
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GEORGE B. DANIELS, United States District Judge:
Plaintiff Tyrone Adams, pro se, has not taken any action to prosecute this case since
September 26, 2017, and he has missed two deadlines to oppose Defendants' motion for summary
judgment. On February 14, 2018, Magistrate Judge Barbara C. Moses, to whom this case has been
referred for general pretrial supervision, directed Plaintiff to notify the court in writing no later
than March 14, 2018, if he wished to proceed with this action. (See ECF No. 80.) Magistrate
Judge Moses indicated in her Order that should Plaintiff fail to do so, she would recommend to
this Court that Plaintiffs action be dismissed pursuant to Rule 4l(b) of the Federal Rules of Civil
Procedure. (Id.)
On March 28, 2018, after receiving no further communication from Plaintiff, Magistrate
Judge Moses issued a Report and Recommendation, recommending that this action be dismissed
for failure to prosecute pursuant to Rule 41 (b ). (See Report and Recommendation ("Report"), ECF
No. 81.) Magistrate Judge Moses advised the parties that failure to file timely objections to the
Report would constitute a waiver of those objections on appeal. (Id. at 6.) To date, no objections
have been filed.

Having reviewed the Report for clear error and finding none, Magistrate Judge Moses's
recommendation to dismiss this action pursuant to Rule 41(b) is ADOPTED. The Clerk of Court
is directed to close this action accordingly.
This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order
would not be taken in good faith. Therefore, in forma pauperis status is DENIED for the purpose
of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
Dated: New York, New York
April 12, 2018
SO ORDERED.

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