Opinion
No. 05-CV-3202 (FB) (CLP).
August 22, 2007
For the Plaintiff: LARINZO D. CLAYTON, ESQ., Law Office of Larinzo D. Clayton, P.C., Freeport, NY.
For the Defendants: TRELLA BERNARD, PRO SE, Augusta, GA.
RAYMOND BERNARD, PRO SE, Augusta, GA.
MEMORANDUM AND ORDER
On August 2, 2007, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation ("R R") recommending that defendants' motion to vacate the default be granted. The R R states that "[a]ny objections to this Report and Recommendation must be filed with the Clerk of the Court . . . within ten (10) days of receipt of this Report. Failure to file objections within the specified time waives the right to appeal the District Court's Order." R R at 14. To date, no objections have been filed.
Where, as here, clear notice has been given of the consequences of failure to object, and there are no objections, the Court may adopt the R R without de novo review. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Mario v. P C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000).
As no error appears on the face of the Magistrate Judge Pollack's R R, the Court adopts it without de novo review. The Clerk is directed to vacate the default judgment and reopen the case.