Ashley v. City of New York et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATION for 47 Motion to Dismiss filed by N.Y.C.H.A., 44 Motion to Dismiss filed by Bill DeBlasio, City of New York, 29 Motion to Dismiss filed by Oasis, 39 Motion to Dismiss filed by Sera Se curity, 55 Report and Recommendations. The Court has reviewed carefully Magistrate Judge Aarons thorough and well- reasoned Report and Recommendation and finds no clear error. The Court therefore adopts the Report in its entirety for the reaso ns stated therein. Accordingly, this matter is dismissed without prejudice for failure to prosecute. This Order resolves docket entry nos. 29, 39, 44, and 47. The Clerk of Court is requested to enter judgment accordingly. So Ordered. (Signed by Judge Laura Taylor Swain on 6/3/2021) (js) Transmission to Orders and Judgments Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x ANTHONY ASHLEY, Plaintiff, -v- No. 20 CV 3888-LTS-SDA CITY OF NEW YORK et al., Defendants. -------------------------------------------------------x ORDER ADOPTING REPORT & RECOMMENDATION The Court has reviewed Magistrate Judge Aaron’s March 29, 2021, Report and Recommendation (the “Report”) (docket entry no. 55) which recommends that the Court dismiss this case without prejudice 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 Aaron’s thorough and wellreasoned Report and Recommendation and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Accordingly, this matter is dismissed without ASHLEY - R&R ADOPT ORD.DOCX VERSION JUNE 3, 2021 1 prejudice for failure to prosecute. This Order resolves docket entry nos. 29, 39, 44, and 47. The Clerk of Court is requested to enter judgment accordingly. SO ORDERED. Dated: New York, New York June 3, 2021 /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge ASHLEY - R&R ADOPT ORD.DOCX VERSION JUNE 3, 2021 2

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