Opinion
12 Civ. 7055 (ALC)(SN)
2013-10-21
Larry MCNAIR, Plaintiff, v. Warden Louis RIVERA, et al., Defendants.
ORDER ADOPTING REPORT
AND RECOMMENDATION
ANDREW L. CARTER, JR., United States District Judge:
This matter was referred to Magistrate Judge Sarah Netburn pursuant to Orders dated February 6, 2 013 and April 12, 2013. Magistrate Judge Netburn issued a Report and Recommendation ("R&R") on August 5, 2013, recommending pro se Plaintiffs Fernando Lopez and Chason Alston be dismissed from this action for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).
Despite notification of the right to object to the R&R, no objections were filed. When no objection is made, the Court subjects the R&R to a clear error review. Arthur v. Goord, No. 06 Civ. 326 (DLC), 2008 WL 482866, at *3 (S.D.N.Y. Feb. 21, 2008) ("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 face of the record.'" (quoting Figueroa v. Riverbay Corp., No. 06 Civ. 5364 (PAC), 2006 WL 3804581, at *1 (S.D.N.Y. Dec. 22, 2006))). The Court's review finds no clear error.
Nevertheless, after the R&R was issued, though he did not file any objections, Plaintiff Fernando Lopez began to participate in the prosecution of this case. (See Dkt. Nos. 75, 77.) As such, the Court will allow him to maintain this action.
In light of the foregoing, the Court ADOPTS Magistrate Judge Netburn's R&R with respect to Plaintiff Alston. The Court DISMISSES Chason Alston from this case WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b).
SO ORDERED.
Dated: New York, New York
October 21 , 2013
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Andrew L. Carter, Jr.
United States District Judge