Intal v. Erie Agustin, M.D. Primary Care, P.C.
Intal v. Erie Agustin, M.D. Primary Care, P.C.
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK □□□ ene MA ZENIF ENTIZAR INTAL, Plaintiff, 18 CV 3196 (SJ) JRC) -against- ORDER ADOPTING REPORT AND RECOMMENDATION ERIE AGUSTIN, M.D. PRIMARY CARE, P.C., and ERIC AGUSTIN, Jointly and Severally, Defendants. SRS APPEARANCES LIPSKY LOWE LLP 420 Lexington Avenue Suite 1830 New York, NY 10170 By: Milana Dostanitch Douglas Brian Lipsky Attorneys for Plaintiffs LAW OFFICES OF MICHAEL CHONG 2 Executive Drive Suite 240 Fort Lee, NJ 07024 Attorney for Defendant
JOHNSON, Senior District Judge: Presently before the Court is a Report and Recommendation (“Report”) prepared by Magistrate Judge James R, Cho, Judge Cho issued the
Report on January 22, 2022, and provided the parties until February 10, 2022 to file any objections. Neither party filed any objections to the Report. For the reasons stated herein, this Court affirms and adopts the Report in its entirety. A district court judge may designate a magistrate judge to hear and determine certain motions pending before the Court and to submit to the Court proposed findings of fact and a recommendation as to the disposition of the motion. See
28 U.S.C. § 636(b)(1). Within fourteen days of service of the recommendation, any party may file written objections to the magistrate’s report. See
id.Upon de novo review of those portions of the record to which objections were made, the district court judge may affirm or reject the recommendations. See
id.The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the report and recommendation to which no objections are addressed. See Thomas v. Arn,
474 U.S. 140, 150(1985). In addition, failure to file timely objections may waive the right to appeal this Court’s Order. See
28 U.S.C. § 636(b)(1); Small v. Sec’y of Health and Human Servs., 892 F,2d 15, 16 (2d Cir. 1989), In this case, objections to the recommendations by Magistrate Judge Cho were due on February 10, 2022. No objections to the Report were filed
with this Court. Upon review of the recommendations, this Court adopts and affirms Magistrate Judge Cho’s Report in its entirety. The Clerk of the Court is directed to close the case.
SO ORDERED. Dated: March 25, 2022 /s/ Brooklyn, NY Sterling Johnson, Jr., U.S.D.J.
Reference
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