Summary
dismissing plaintiff's action pursuant to Rule 25 when plaintiff's sister made no motion for substitution and more than ninety days had passed since plaintiff's sister was served with a suggestion of death
Summary of this case from Boddie v. EvansOpinion
98 Civ. 5013 (JSR).
February 13, 2007
ORDER
On January 11, 2007, the Honorable Michael H. Dolinger, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter recommending that plaintiff's Complaint be dismissed pursuant to Fed.R.Civ.P. 25(a) following plaintiff's death.
Plaintiff has failed to file any objection to the Report and Recommendation, and, for that reason alone, has waived any right to review by this Court. See Thomas v. Arn, 474 U.S. 140, 147-48 (1985); Mario v. P C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). Accordingly, the Court hereby adopts the Report and Recommendation, and, for the reasons therein, dismisses the Complaint with prejudice. Clerk to enter judgment.
SO ORDERED.