JOANNA SEYBERT, District Judge.
Pending before the Court is Magistrate Judge Arlene R. Lindsay's Report and Recommendation dated February 7, 2017 (the "R&R," Docket Entry 32) recommending that this Court: (1) grant defendants Craig Rosenblatt, Salvatore Salvaggio, Robert Meyer, and County of Suffolk's (collectively, "Defendants") motion to vacate the Clerk's entry of default, (Defs.' Ltr. Mot., Docket Entry 23), and (2) deny plaintiff Kevin L. Jefferson's ("Plaintiff") cross motion for default judgment and the issuance of a subpoena, (Pl.'s Mot., Docket Entry 30). For the following reasons, the R&R is ADOPTED in its entirety.
The Court assumes familiarity with the factual and procedural background of this matter, which is set forth in the R&R. Briefly, on October 25, 2013, Plaintiff commenced this action pursuant to 42 U.S.C. Section 1983, alleging violations of his First and Fourteenth Amendment rights. (
Defendants failed to timely answer or move to dismiss the Amended Complaint, and on August 17, 2016, the Clerk entered a Certificate of Default. (Cert. of Default, Docket Entry 21.) That same day, Defendants filed their Answer to the Amended Complaint and moved to vacate the Certificate of Default. (Ans., Docket Entry 22; Defs.' Ltr. Mot.) On October 14, 2016, the Court referred Defendants' motion to Judge Lindsay for a report and recommendation on whether the motion should be granted. (Referral Order, Docket Entry 26.) On December 5, 2016, Plaintiff filed a cross motion seeking entry of a default judgment and the issuance of a subpoena. (Pl.'s Mot.)
On February 7, 2017, Judge Lindsay issued her R&R. Judge Lindsay recommends that this Court grant Defendants' motion, set aside the Certificate of Default, and accept Defendants' late Answer. (R&R at 7.) Judge Lindsay further recommends that Plaintiff's cross motion be denied. (R&R at 7.)
In reviewing an R&R, a district court "may accept, reject, or modify, in whole or in part, the findings and recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). If no timely objections have been made, the "court need only satisfy itself that there is no clear error on the face of the record."
Objections were due within fourteen (14) days of service of the R&R. The docket reflects that on February 7, 2017, the Court mailed a copy of the R&R to Plaintiff by Federal Express. (
Upon careful review and consideration, the Court finds Judge Lindsay's R&R to be comprehensive, well-reasoned, and free of clear error, and it ADOPTS the R&R in its entirety.
Judge Lindsay's R&R (Docket Entry 32) is ADOPTED in its entirety. Defendants' motion to vacate the Certificate of Default (Docket Entry 23) is GRANTED and Plaintiff's cross motion for default judgment and the issuance of a subpoena (Docket Entry 30) is DENIED. The Clerk of the Court is directed to VACATE the Certificate of Default. (Docket Entry 21.) The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore
SO ORDERED.