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Keating v. People

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 21, 2009

PADRAIC KEATING, PETITIONER,
v.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT.

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

MEMORANDUM AND ORDER

On January 15, 2009, Magistrate Judge Pollak issued a Report and Recommendation (the "R&R") recommending that the Court award petitioner's counsel Lauren Klein and Vivian Shevitz $23,561.00 in attorney's fees under the Criminal Justice Act. See R&R at 10. The R&R also stated that failure to object within ten days would preclude appellate review. See id. at 10-11. All parties were notified by email of the R&R on January 16; no objections have been filed.

If clear notice has been given of the consequences of failure to object, and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (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."). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error, see Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000); no such error appears here. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk to award attorney's fees in accordance therewith.

SO ORDERED.

FREDERIC BLOCK Senior United States District Judge

20091021

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