ORDER ADOPTING REPORT AND RECOMMENDATION

RICHARD J. SULLIVAN, District Judge.

Plaintiff brings this suit under the the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201 et seq., and the New York Labor Law ("NYLL"), § et seq., alleging that Defendants failed to pay him minimum wage, compensate him properly for overtime, and pay spread-of-hours pay, and also that Defendants retaliated against him. Additionally, Plaintiff alleges that Defendants were unjustly enriched at his expense. By Order dated September 23, 2010, this matter was referred to the Honorable Kevin Nathaniel Fox, Magistrate Judge, for general pre-trial purposes and dispositive motions requiring a report and recommendation.

On May 14, 2012, Judge Fox issued the attached Report and Recommendation (the "Report"), recommending that this action be dismissed against the Defendants Nina Zajic, David Kay, and Aberrahmane a/k/a Peter Eljastimi pursuant to Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure for failure to serve the amended summons and complaint. In the Report, Judge Fox advised the parties that failure to file timely objections to the Report would constitute a waiver of those objections. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). No party has filed objections to the Report, and the time to do so has expired. Cf. Frank v. Johnson, 968 F.2d 298 (2d Cir. 1993).

When no objections to a report and recommendation are made, the Court may adopt the report if there is no clear error on the face of the record. Adee Motor Cars, LLC v. Amato, 388 F.Supp.2d 250, 253 (S.D.N.Y. 2005); La Torres v. Walker, 216 F.Supp.2d 157, 159 (S.D.N.Y. 200). After reviewing the record, the Court finds that that Judge Fox's well-reasoned Report is not facially erroneous. Accordingly, the Court adopts the Report in its entirely, and for the reasons set forth therein, dismisses this action against Defendants Nina Zajic, David Kay, and Aberrahmane a/k/a Peter Eljastimi.

SO ORDERED.