Goode v. City of New York et al, No. 1:2017cv03735 - Document 25 (S.D.N.Y. 2018)
Court Description: OPINION & ORDER for 24 Report and Recommendations, 16 Motion to Dismiss filed by City of New York, Corizon Health Services: For the foregoing reasons, the Court sua sponte extends Corizon's deadline to respond to the Complaint to De cember 4, 2017, nunc pro tune, and denies Goode's motion for default. The Court also dismisses, without prejudice, all claims brought by Goode pursuant to Federal Rule of Civil Procedure 41(b). The Court directs the Clerk to mail a copy of this decision to plaintiff at the address on file. (Signed by Judge Paul A. Engelmayer on 8/7/2018) (tn)
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Goode v. City of New York et al Doc. 25 Dockets.Justia.com On July 9, 2018, Judge Lehrburger iled his Report recommending that the Court dismiss all claims brought by Goode. Goode has, to date, iled no objections. II. Discussion In reviewing a Report and Recommendation, a district court "may accept, reject, or modify, in whole or in part, the indings or recommendations made by the magistrate judge." 28 U.S.C. ยง 636(b)(l)(C). "To accept those portions of the report to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the ace of the record." Ruiz v. Citibank, NA., No. 10 Civ. 5950 (KPF), 2014 WL 4635575, at *2 (S.D.N.Y. Aug. 19, 2014) (quoting King v. Greiner, No. 02 Civ. 5810 (DLC), 2009 WL 2001439, at *4 (S.D.N.Y. July 8, 2009)); see als o, e.g., Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003). As neither party has submitted objections to the Report, review or clear error is appropriate. Careul review of Judge Lehrburger's well-reasoned Report reveals no acial error in its conclusions; the Report is thereore adopted in its entirety. CONCLUSION For the oregoing reasons, the Court sua sponte extends Corizon's deadline to respond to the Complaint to December 4, 2017, nunc pro tune, and denies Goode's motion or deault. The Court also dismisses, without prejudice, all claims brought by Goode pursuant to Federal Rule of Civil Procedure 41(b). The Court directs the Clerk to mail a copy of this decision to plaintif at the address on ile. 2
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