UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X LEXY AVILA, Plaintiff, -against- 19 CIVIL 11920 (VEC) JUDGMENT STACY TENZIE, NYC CORRECTIONAL OFFICER SHIELD NO. 1478, Defendant. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 7, 2021, in short, even when construing Avila’s claims liberally, it is clear that she has not stated a claim that entitles her to relief. The Court therefore adopts the R&R in full, grants Defendant’s motion to dismiss, and dismisses this case. Because the R&R gave the parties adequate warning, see R&R at 18, Plaintiff’s failure to file any objections to the R&R precludes appellate review of this decision. See Mario v. P & C Food Markets, Inc.,

(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.”). Because appellate review is precluded, the Court certifies pursuant to

(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied; accordingly, the case is closed. Dated: New York, New York August 9, 2021 RUBY J. KRAJICK Clerk of Co BY: Db . Deqy Clerk