United States of America v. Palencar, No. 3:2014cv00733 - Document 8 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER adopting 7 Report and Recommendations and dismissing the complaint. Signed by Senior Judge Thomas J. McAvoy on 12/19/14. (sfp, )
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United States of America v. Palencar Doc. 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ UNITED STATES OF AMERICA, Plaintiff, vs. 3:14-CV-733 ROBERT PALENCAR, d/b/a Uptown Limousine Services, Defendant. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This action was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Peebles’s Report and Recommendation [dkt. # 7] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Report and Recommendation [dkt. # 7] for the reasons stated therein. Based on Plaintiff’s failure to arrange for service of process on 1 Dockets.Justia.com Defendant, and in consideration of the factors relevant to dismissal under Rule 41(b) of the Federal Rules of Civil Procedure, the Plaintiff’s complaint is DISMISSED, WITHOUT PREJUDICE, FOR FAILURE TO PROSECUTE. IT IS SO ORDERED. Dated:December 19, 2014 2
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