Kimbler v. Berryhill, 8:18-CV-0236.(GTS/DEP) (2019)
Court: District Court, N.D. New York
Number: infdco20190509d25
Visitors: 2
Filed: May 08, 2019
Latest Update: May 08, 2019
Summary: DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . The above matter comes to this Court following a Report-Recommendation by Chief United States Magistrate Judge David E. Peebles, filed on April 9, 2019, recommending that Plaintiff's Complaint in this action be dismissed pursuant to Fed. R. Civ. P. 41(b) for Plaintiff's failure to prosecute and comply with the Court's Orders and Local Rules of Practice. (Dkt. No. 27.) Objections to the Report-Recommendation have not been filed,
Summary: DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . The above matter comes to this Court following a Report-Recommendation by Chief United States Magistrate Judge David E. Peebles, filed on April 9, 2019, recommending that Plaintiff's Complaint in this action be dismissed pursuant to Fed. R. Civ. P. 41(b) for Plaintiff's failure to prosecute and comply with the Court's Orders and Local Rules of Practice. (Dkt. No. 27.) Objections to the Report-Recommendation have not been filed, a..
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DECISION and ORDER
GLENN T. SUDDABY, Chief District Judge.
The above matter comes to this Court following a Report-Recommendation by Chief United States Magistrate Judge David E. Peebles, filed on April 9, 2019, recommending that Plaintiff's Complaint in this action be dismissed pursuant to Fed. R. Civ. P. 41(b) for Plaintiff's failure to prosecute and comply with the Court's Orders and Local Rules of Practice. (Dkt. No. 27.) Objections to the Report-Recommendation have not been filed, and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Peebles' thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation.1 Magistrate Judge Peebles employed the proper legal standards, accurately recited the facts, and correctly applied the law to those facts. (Dkt. No. 27.) As a result, the Report-Recommendation is accepted and adopted in its entirety, and Plaintiff's Complaint is dismissed pursuant to Fed. R. Civ. P. 41(b).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 27) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED pursuant to Fed. R. Civ. P. 41(b).
FootNotes
1. When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a "clear error" review, "the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) ("I am permitted to adopt those sections of [a magistrate judge's] report to which no specific objection is made, so long as those sections are not facially erroneous.") (internal quotation marks omitted).
Source: Leagle
