FATES DISTRI KOS FED LI > UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MAY 02 2025 SSS Ay, wt Wectc LOEWENGUTS FM KEVIN BARBER, ERN DISTRICTS Plaintiff, Vv. 21-CV-960 (JLS) (MJR) SERGEANT PETER SCHEIN, SERGEANT GARY SZPYLMAN, CORRECTIONAL OFFICER PHILIP KOZLOWSKI and CORRECTIONAL OFFICER MARTIN WOZNIAK, Defendants.

DECISION AND ORDER Pro se Plaintiff Kevin Barber commenced this civil rights action, pursuant to

, alleging that Defendants violated his constitutional rights while he was a pretrial detainee at the Erie County Correctional Facility. See Dkt. 15. The case has been referred to United States Magistrate Judge Michael J. Roemer for all proceedings under

(b)(1)(A), (B), and (C). Dkt. 28. On December 2, 2024, Defendants filed a letter requesting that this lawsuit be dismissed based on Plaintiffs death during the pendency of the action, and/or Plaintiffs failure to advise the Court of a change in address. Dkt. 34. No response to the letter has been filed. On April 11, 2025, Judge Roemer issued a Report and Recommendation (“R&R”), recommending that “this action be dismissed pursuant to Federal Rule of Civil Procedure 25(a) or, alternatively, pursuant to Local Civil Rule 5.2(d), which

requires that Plaintiff inform the Court of any change in address.” Dkt. 35 at 3. No party objected to the R&R, and the time to do so has expired. A district court may accept, reject, or modify the findings or recommendations of a magistrate judge.

(b)(1); Fed. R. Civ. P. 72(b)(3). A district court must conduct a de novo review of those portions of a magistrate judge’s recommendation to which a party objects. See

(b)(1)(C); Fed. R. Civ. P. 72(b)(8). But neither

nor Federal Rule of Civil Procedure 72 requires a district court to review the recommendation of a magistrate judge to which no objections are raised. See Thomas v. Arn,

(19885). This Court has carefully reviewed the R&R and the relevant record. Based on that review, the Court accepts and adopts Judge Roemer’s recommendation. For the reasons above and in the R&R, this actionis DISMISSED. The clerk of court shall close this case.

SO ORDERED. Dated: May 2, 2025 Buffalo, New York Lf

U RUPED STATES DISTRICT JUDGE