United States District Court, N.D. New York
December 22, 2014
UNITED STATES OF AMERICA, Plaintiff,
ROBERT PALENCAR, d/b/a Uptown Limousine Services, Defendant.
DECISION & ORDER
THOMAS J. MCAVOY, Senior District Judge.
This action was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Peebles's Report and Recommendation [dkt. # 7] have been filed, and the time to do so has expired.
After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, the Court ADOPTS the Report and Recommendation [dkt. #7] for the reasons stated therein. Based on Plaintiff's failure to arrange for service of process on Defendant, and in consideration of the factors relevant to dismissal under Rule 41(b) of the Federal Rules of Civil Procedure, the Plaintiff's complaint is DISMISSED, WITHOUT PREJUDICE, FOR FAILURE TO PROSECUTE.
IT IS SO ORDERED.