JOANNA SEYBERT, District Judge.
Pending before the Court are: (1) Defendants Police Officer Edward Rose, Daniel G. Koenig, Police Officer Conye, Edward Webber, the County of Suffolk, and the Suffolk County Police Department's (collectively, "Defendants") November 15, 2017 letter motion to dismiss for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure (Defs.' Mot. to Dismiss, Docket Entry 58); and (2) Magistrate Judge Arlene R. Lindsay's Report and Recommendation ("R&R") recommending that the Court grant Defendants' motion to dismiss. (R&R, Docket Entry 63, at 1, 5-6.) For the following reasons, the Court ADOPTS Judge Lindsay's R&R in its entirety.
On March 16, 2012,
On November 15, 2017, Defendants filed a motion to dismiss for failure to prosecute based on Plaintiff's non-compliance with court orders. (Defs.' Mot. to Dismiss.) On November 27, 2017, Judge Lindsay issued her R&R. (
In her R&R, Judge Lindsay recommended that this Court grant Defendants' motion to dismiss. (R&R at 1, 5-6.) She found that "[d]espite being repeatedly advised by both the Court and defense counsel that he was required to comply with court ordered deadlines, [Plaintiff] has chosen over the last 5 years to proceed in this matter whenever it strikes him." (R&R at 5.) Judge Lindsay also determined that "no sanction less than dismissal will alleviate the prejudice to [D]efendants in keeping the case open for five years to say nothing of the need to alleviate court congestion where [Plaintiff] has ignored almost every order issued by this Court." (R&R at 5.) She concluded that Plaintiff's failures to comply with court orders warrant dismissal of his case. (R&R at 5-6.)
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 time for filing objections has expired, and no party has objected. Accordingly, all objections are hereby deemed to have been waived.
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.
For the foregoing reasons, Judge Lindsay's R&R (Docket Entry 63) is ADOPTED in its entirety. Defendants' motion to dismiss this case (Docket Entry 58) is GRANTED. The Clerk of the Court is directed to enter judgment accordingly and mark the case CLOSED. 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.