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Kapoor v. Brookhaven Memorial Hospital Medical Center

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 31, 2007

ANIL KAPOOR, PLAINTIFF,
v.
BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, LINDA WATSON, AND JAMES HOWE, DEFENDANTS.

The opinion of the court was delivered by: Seybert, District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

On May 2, 2005, Plaintiff filed suit against Defendants for alleged violations of his civil rights and alleged acts of discrimination. Plaintiff did not appear for his deposition or respond to Defendants' discovery requests. Subsequently, on September 15, 2006, Defendants requested that the Magistrate Judge recommend to this Court that this action be dismissed for failure to prosecute.

On October 3, 2006, Magistrate Judge Arlene R. Lindsay filed her Report and Recommendation. In that Report, the Magistrate recommended that this Court dismiss this case for Plaintiff's failure to prosecute. The Magistrate then sent the Report and Recommendation to all the parties via certified mail, return receipt requested. On October 23, 2006, the return receipt was docketed. It contained Plaintiff's signature and indicated that Plaintiff received the Magistrate's Report on October 21, 2006.

At least ninety days have passed since Plaintiff received the Report; Plaintiff has not objected to the Report. Upon review of the Report to which no party has objected, the Court ADOPTS the Report in its entirety. All objections are deemed waived. See 28 U.S.C. § 636(b)(1); FED R. CIV. P. 72; Beverly v. Walker, 118 F.3d 900, 902 (2d Cir. 1997); Savoie v. Merchants Bank, 84 F.3d 52, 60 (2d Cir. 1996).

Accordingly, the Court DISMISSES this action with prejudice. The Clerk of the Court is ordered to mark this matter as CLOSED.

SO ORDERED.

JOANNA SEYBERT U.S.D.J.

20070131

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