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Pierre Darbouze v. Michael Lew

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 30, 2010

PIERRE DARBOUZE, PLAINTIFF,
v.
MICHAEL LEW, DEFENDANT.

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

ORDER

On December 1, 2010, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation (the "R&R") recommending that the Complaint be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiff's failure to prosecute this action. In the R&R, Judge Pollak cautioned Plaintiff that unless he contacted the Court on or before December 21, 2010, she would recommend that the case be dismissed. To date, Plaintiff has failed to contact the Court or otherwise proceed in this action.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is hereby ORDERED that the Complaint is DISMISSED pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to enter Judgment accordingly and to close the case. The Clerk is further directed to transmit a copy of this Order to Plaintiff via U.S. Mail.

SO ORDERED.

Dated: Brooklyn, New York

ROSLYNN R. MAUSKOPF United States District Judge

20101230

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