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Tangtiwatanapaibul v. Tom & Toon Inc., 17 Civ. 816 (LGS). (2018)

Court: District Court, S.D. New York Number: infdco20180827b31 Visitors: 14
Filed: Aug. 24, 2018
Latest Update: Aug. 24, 2018
Summary: ORDER LORNA G. SCHOFIELD , District Judge . WHEREAS, on August 2, 2018, Magistrate Judge Katharine H. Parker issued a Report and Recommendation to dismiss the claims of Plaintiff Raymond Beltran without prejudice for failure to participate in this action; WHEREAS, Plaintiffs' counsel filed a certificate of service on August 9, 2018, attesting that the Report and Recommendation was served upon Beltran the same day; WHEREAS, no timely objection was filed; WHEREAS, "[i]n reviewing an R & R
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ORDER

WHEREAS, on August 2, 2018, Magistrate Judge Katharine H. Parker issued a Report and Recommendation to dismiss the claims of Plaintiff Raymond Beltran without prejudice for failure to participate in this action;

WHEREAS, Plaintiffs' counsel filed a certificate of service on August 9, 2018, attesting that the Report and Recommendation was served upon Beltran the same day;

WHEREAS, no timely objection was filed;

WHEREAS, "[i]n reviewing an R & R of a magistrate judge, a district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). A district judge is required to "make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made" by any party. Fed. R. Civ. P. 72(b). "But, where no timely objection has been made, the `district court need only satisfy itself that there is no clear error on the face of the record' to accept the R & R." J & J Sports Prod., Inc. v. El Ojo Aqua Corp., No. 13 Civ. 6173, 2014 WL 4699704, at *1 (E.D.N.Y. Sept. 22, 2014) (quoting Urena v. New York, 160 F.Supp.2d 606, 609-10 (S.D.N.Y. 2001)).

WHEREAS, the Court finds no clear error on the face of the record. It is hereby

ORDERED that the Report and Recommendation is adopted, confirmed and approved in all respects. Plaintiff Beltran's claims are dismissed without prejudice for failure to prosecute.

Source:  Leagle

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