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finding plaintiff's failure to communicate with the court or counsel for over three months militated in favor of Rule 41(b) dismissal
Summary of this case from Joseph v. CAMBA/FJC Black Sec. GuardOpinion
15-cv-02832 (AMD)(LB)
07-08-2016
NEVIN SADHOO, Plaintiff, v. TRIPORT INTERNATIONAL AIRCRAFT GROUND EQUIPMENT REPAIRS, INC., TRIPORT INT'L FLEET MAINTENANCE & REPAIR, INC., ANTHONY NICOLETTI Defendants.
DECISION AND ORDER ANN DONNELLY, District Judge.
Nevin Sadhoo commenced this action pursuant to the Fair Labor Standards Act on May 15, 2015. In a Report and Recommendation issued on June 14, 2016, Magistrate Judge Lois Bloom recommended that the Court dismiss this case without prejudice because of the plaintiff's failure to comply with Court orders pursuant to Rules 16(f) and 37(b) of the Federal Rules of Civil Procedure and for his failure to prosecute this action pursuant to Rule 41(b). (ECF 29.) No party has objected to Judge Bloom's Report and Recommendation within the time prescribed by 28 U.S.C. §636(b)(1). For the reasons that follow, I adopt Judge Bloom's report in its entirety.
In reviewing a Report and Recommendation, a district court "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)(C). Where, as here, no party has objected to the magistrate judge's recommendation, "a district court need only satisfy itself that there is no clear error on the face of the record." Urena v. New York, 160 F.Supp.2d 606, 609-10 (S.D.N.Y. 2001) (quoting Nelson v. Smith, 618 F.Supp. 1186, 1189 (S.D.N.Y. 1985)).
This Court has reviewed Judge Bloom's thorough and well-reasoned opinion, and not only finds no error, but concurs in every respect with her conclusions. Accordingly, this action is dismissed without prejudice pursuant to Rules 16(f), 37(b), and 41(b), and the Clerk of the Court is respectfully directed to close this case.
SO ORDERED.
s/Ann M. Donnelly
Ann M. Donnelly
United States District Judge Dated: Brooklyn, New York
July 8, 2016