Azucena v. Capital Management Services, LP
Azucena v. Capital Management Services, LP
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------- X : LUIS AZUCENA, : Plaintiff, : MEMORANDUM DECISION AND ORDER -against - : : 2:19-CV-04683 (AMD) (ST) CAPITAL MANAGEMENT SERVICES, LP, : Defendants. : --------------------------------------------------------------- X : ANN M. DONNELLY, United States District Judge: : : On March 28, 2019, the plaintiff brought this action pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692, et seq. (ECF No. 1 ¶ 1.) Five months later, the defendant removed the case to this Court. (ECF No. 1-3 at 2-3.) :On January 6, 2020, the defendant moved : to dismiss the case for lack of prosecution. (ECF No. 6.) : Magistrate Judge Steven Tiscione issued a report and recommendation on April 10, 2020, : in which he recommends that I dismiss the action with :prejudice for failure to prosecute. (ECF No. 8 at 4.) Judge Tiscione observes that the case has r:emained idle for over eight months, and : that the plaintiff has not responded to his orders. (Id. at 2-3.) A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1). To accept those portions of the report and recommendation 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.” Jarvis v.N. Am. Globex Fund L.P.,
823 F.Supp.2d 161, 163(E.D.N.Y. 2011) (internal quotation marks omitted). I have reviewed Judge Tiscione’s well-reasoned report and recommendation and find no error. Accordingly, I adopt the report and recommendation. The case is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to close this case.
SO ORDERED. _s_/_A_n_n_ _M__. _D_o_n_n_e_ll_y___________ Ann M. Donnelly United States District Judge Dated: Brooklyn, New York May 1, 2020
Reference
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