Altre v. Whole Foods Market Group, Inc.

District Court, E.D. New York

Altre v. Whole Foods Market Group, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------X LUMEN ALTRE, : : Plaintiff, : : v. : ORDER : 20-CV-2787 (WFK) (RER) WHOLE FOODS MARKET : GROUP, INC., : : Defendant. : -----------------------------------------------------X WILLIAM F. KUNTZ, II, United States District Judge: On April 19, 2021, the Honorable Magistrate Judge Ramon E. Reyes filed a sua sponte Report and Recommendation (“R&R”), recommending this Court dismiss the above-captioned case without prejudice due to Plaintiff’s failure to prosecute and failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41. ECF No. 12. Objections to the R&R were due May 3, 2021, and to date, no objections have been filed. In reviewing a report and recommendation, 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). Where no objections have been filed, the Court reviews a report and recommendation for clear error. See Covey v. Simonton,

481 F. Supp. 2d 224, 226

(E.D.N.Y. 2007) (Garaufis, J.). The Court finds no such error here. Accordingly, the Court adopts the R&R in its entirety. The Clerk of Court is respectfully directed to close any pending motions and close the case. SO ORDERED. s/ WFK _____________________________ Dated: May 6, 2021 HON. WILLIAM F. KUNTZ, II Brooklyn, New York UNITED STATES DISTRICT JUDGE

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