Driscoll v. Moss et al

Filing 31

ORDER adopting Report and Recommendations re 30 Report and Recommendations. Signed by Hon. Elizabeth A. Wolford on 9/24/2020. (BK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________
DARON ERLE DRISCOLL,
Plaintiff,
ORDER
v.
6:17-CV-06839 EAW
CORRECTIONAL OFFICER
WASHBURN,
Defendant.
___________________________________
This case was referred for all pretrial matters excluding dispositive motions to
United States Magistrate Judge Mark W. Pedersen pursuant to 28 U.S.C.
§§ 636(b)(1)(A)-(C). (Dkt. 13). On July 28, 2020, Magistrate Judge Pedersen issued an
Order to Show Cause pursuant to Local Rule of Civil Procedure 41(b) based on Plaintiff’s
failure to appear by telephone at a motion hearing on April 15, 2020, and failure to contact
either the Court or opposing counsel since that date. (Dkt. 29). After Plaintiff failed to
respond, on September 4, 2020, Judge Pedersen issued a thorough Report and
Recommendation recommending that Plaintiff’s Amended Complaint be dismissed
pursuant to Local Rule 41(b). The Report and Recommendation sets forth the procedural
background in further detail, familiarity with which is assumed for purposes of this Order.
Pursuant to Federal Rule of Civil Procedure 72(b)(2) and 28 U.S.C. § 636(b)(1), the
parties had 14 days to file objections. No objections were filed. The Court is not required
to review de novo those portions of a report and recommendation to which objections were
not filed. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where
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parties receive clear notice of the consequences, failure [to timely] object to a magistrate’s
report and recommendation operates as a waiver of further judicial review of the
magistrate’s decision.”).
Notwithstanding the lack of objections, the Court has conducted a careful review of
the Report and Recommendation as well as the filings previously made in the case, and
finds no reason to reject or modify the Report and Recommendation. For the reasons set
forth in the Report and Recommendation (Dkt. 30), this Court dismisses the Amended
Complaint (Dkt. 5). The Clerk of Court is directed to close the case.
SO ORDERED.

________________________________
ELIZABETH A. WOLFORD
United States District Judge
Dated:

September 24, 2020
Rochester, New York

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