McCray v. State of New York et al

Filing 89

DECISION AND ORDER adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s Report, Recommendation and Order 88 . This case is dismissed for failure to prosecute according to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court shall take all steps necessary to close the case. The Clerk shall also follow up by mailing copies of the Decision and Order to plaintiff Cerious McCray at the Dutchess County Jail, 150 N. Hamilton Street, Poughkeepsie, NY 12601 and to plaintiff Lyd ia R. McCray at 75 Rombout Ave., Beacon, NY 12508, as well as 976 Slow Creek Court, Boiling Springs, SC 29316 and 215 Amber Sky Drive, Boiling Springs SC 29316-6409. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/19/2024. (LAS)This was mailed to: Cerious McCray and Lydia McCray.Clerk to Follow up

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
______________________________________
CERIOUS D. McCRAY,
And
LYDIA R. McCRAY,
Plaintiffs,
DECISION AND ORDER
15-CV-409-A

v.
ARNOT OGDEN MEDICAL CENTER,
JOHANNA DOE and JANE DOE,
Defendants.
______________________________________

This prisoner civil rights case was referred to Magistrate Judge H. Kenneth
Schroeder, Jr. pursuant to 28 U.S.C. § 636(b)(1) for the performance of pretrial
proceedings.
On February 23, 2024, Magistrate Judge Schroeder issued a Report,
Recommendation and Order (“RR&O”) (Dkt. No. 88) recommending that the Court
dismiss the case for plaintiffs’ failure to prosecute according to Rule 41(b) of the
Federal Rules of Civil Procedure.
Federal Rule of Civil Procedure 72(b)(3) provides, “[t]he district judge must
determine de novo any part of the magistrate judge’s disposition that has been
properly objected to” (emphasis added). Here, no objections to the R&R have been
filed. “When no timely objection is filed, the [C]ourt need only satisfy itself that there
is no clear error on the face of the record in order to accept the recommendation.”
1

1983 Advisory Committee Note to Fed. R. Civ. P. 72(b); see Patton v. Ford Motor
Co., 14-CV-0308-RJA-HBS, 2017 WL 2177621, 2017 U.S. Dist. LEXIS 76148, *5
(W.D.N.Y. May 18, 2017) (same).
The Court finds no clear error with respect to Magistrate Judge Schroeder’s
recommendations, As such, it is hereby
ORDERED that pursuant to 28 U.S.C. § 636(b)(1) and for the reasons set
forth in the RR&O, this case is dismissed for failure to prosecute according to Rule
41(b) of the Federal Rules of Civil Procedure.
The Clerk of Court shall enter Judgment in favor of Defendants and shall take
all steps necessary to close the case.

IT IS SO ORDERED.

__s/Richard J. Arcara________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: March 19, 2024
Buffalo, New York

2