Rodriguez v. Department of City Court et al

Justia Dockets & Filings Second Circuit New York Southern District Rodriguez v. Department of City Court et al

Rodriguez v. Department of City Court et al

Plaintiff:	Jose Rodriguez
Defendant:	Court Officer
Case Number:	1:2014cv06279
Filed:	August 1, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Queens
Presiding Judge:	Frank Maas
Presiding Judge:	Richard J. Sullivan
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 3, 2015	Filing 20 ORDER adopting 19 Report and Recommendations. On August 6, 2015, Judge Maas issued a Report and Recommendation (the "Report" or "Rep."), recommending that this action be dismissed for Plaintiff's failure to prosecu te pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Doc. No. 19.) Pursuant to Rule 72, and as stated in Judge Maas's Report, the parties had fourteen (14) days after being served with a copy of the Report to file written object ions. Failure to file timely objections typically constitutes a waiver of those objections both in this Court and on later appeal to the United States Court of Appeals. To date, Plaintiff has not filed any objections or otherwise responded to the Report. The Court finds no clear error in Judge Maas's well-reasoned recommendation that the case be dismissed for failure to prosecute under Rule 41(b), and would reach the same conclusion even under de novo review. Accordingly, the Court adopts the Report in its entirety and dismisses this action pursuant to Rule 41(b) with prejudice. The Clerk of the Court is respectfully directed to close this case. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 9/3/2015) (mro)

Date Filed

Document Text

September 3, 2015

Filing 20 ORDER adopting 19 Report and Recommendations. On August 6, 2015, Judge Maas issued a Report and Recommendation (the "Report" or "Rep."), recommending that this action be dismissed for Plaintiff's failure to prosecu te pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Doc. No. 19.) Pursuant to Rule 72, and as stated in Judge Maas's Report, the parties had fourteen (14) days after being served with a copy of the Report to file written object ions. Failure to file timely objections typically constitutes a waiver of those objections both in this Court and on later appeal to the United States Court of Appeals. To date, Plaintiff has not filed any objections or otherwise responded to the Report. The Court finds no clear error in Judge Maas's well-reasoned recommendation that the case be dismissed for failure to prosecute under Rule 41(b), and would reach the same conclusion even under de novo review. Accordingly, the Court adopts the Report in its entirety and dismisses this action pursuant to Rule 41(b) with prejudice. The Clerk of the Court is respectfully directed to close this case. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 9/3/2015) (mro)

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Plaintiff: Jose Rodriguez
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Defendant: Court Officer
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