Summary
dismissing pro se complaint for plaintiff's repeated failure to appear for in-court conferences
Summary of this case from Adams v. City of N.Y.Opinion
12-CV-2965 (MKB) (LB)
11-20-2012
PHILLIP MILLER, Plaintiff, v. CITY OF NEW YORK and NYPD P.O. MERU, (Tax Registry # 947249) Defendants.
MEMORDANDUM & ORDER
MARGO K. BRODIE, United States District Judge:
Plaintiff Phillip Miller proceeding pro se filed the above-captioned action on June 12, 2012 pursuant to 42 U.S.C. § 1983. After Plaintiff failed to appear for a mandatory in-court conference, Magistrate Judge Bloom rescheduled the conference and ordered Plaintiff to show cause for his failure to appear. (Docket No. 12.) Magistrate Judge Bloom explicitly warned Plaintiff that if he failed to appear for the rescheduled conference, she would recommend that the case be dismissed. (Id.)Plaintiff did not appear for the rescheduled hearing, nor did he contact Magistrate Judge Bloom or Defendants' counsel prior to the conference to request an adjournment. On October 26, 2012, Magistrate Judge Bloom filed a Report & Recommendation ("R&R"), recommending that Plaintiff's Complaint be dismissed pursuant to Rules 16(f) and 37(b)(2)(A)(v) of the Federal Rules of Civil Procedure, due to Plaintiff's repeated failure to comply with court orders. No objections were filed. This Court has reviewed the unopposed R&R, and, finding no clear error, the Court adopts Magistrate Judge Bloom's R&R pursuant to 28 U.S.C. § 636(b)(1). Plaintiff's complaint is dismissed. The Clerk of Court is directed to close the case.
SO ORDERED:
_________________
MAR GO K. BRODIE
United States District Judge
Dated: November 20, 2012
Brooklyn, New York