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Clarke v. Shinseki

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 31, 2009

MARK B. CLARKE, PLAINTIFF,
v.
ERIC K. SHINSEKI, SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, DEFENDANT.

The opinion of the court was delivered by: Townes, United States District Judge

ORDER

On August 18, 2006, plaintiff, Mark B. Clarke, commenced this pro se action against the Secretary of Veterans Affairs,*fn1 alleging breach of a settlement agreement. In early 2008, defendant moved for summary judgment. By order dated March 5, 2008, this Court referred defendant's motion to the Honorable Lois Bloom, United States Magistrate Judge, for a Report and Recommendation ("R&R").

Magistrate Judge Bloom issued her R&R on March 4, 2009, recommending that defendant's motion for summary judgment be granted and that plaintiff's complaint be dismissed. The R&R specifically advised the parties that they had ten days from receipt of the R&R in which to file written objections to it. Pursuant to Magistrate Judge Bloom's order, the Clerk of Court served a copy of the R&R on plaintiff on March 6, 2009, by mailing a copy to his last known address.

To date, neither plaintiff nor defendant have filed any objections to the R&R. A district court is not required to review the factual or legal conclusions of the magistrate judge as to those portions of a report and recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 150 (1985). Nonetheless, when no objections are filed, many courts seek to satisfy themselves "that there is no clear error on the face of the record." Fed. R. Civ. P. 72(b) advisory committee note (1983 Addition); see also Edwards v. Town of Huntington, No. 05 Civ. 339 (NGG) (AKT), 2007 WL 2027913, at *2 (E.D.N.Y. July 11, 2007). Accordingly, this Court has reviewed the R&R for clear error on the face of the record. The Court finds no clear error, and therefore adopts the R&R in its entirety as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1).

CONCLUSION

For the reasons stated above, Magistrate Judge Bloom's Report and Recommendation dated March 4, 2009, is adopted in its entirety. This Court will enter judgment in favor of defendant and against plaintiff.

SO ORDERED.

SANDRA L. TOWNES United States District Judge


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