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Khan v. McElroy

United States District Court, S.D. New York

June 4, 2015

Pir Mumtaz Khan, et al., Plaintiffs,
v.
Joseph McElroy, et al., Defendants.

ORDER

ALISON J. NATHAN, District Judge.

Before the Court is Judge Francis' report and recommendation ("R & R") recommending that the Court dismiss this action for failure to obey a pretrial order and for failure to prosecute, pursuant to Rule 16(f)(1) and Rule 41(b) of the Federal Rules of Civil Procedure. See Dkt. No. 52. Under 28 U.S.C. § 636(b)(1), the Plaintiffs had until May 11, 2015 to file any objections to Judge Francis' R & R. When a magistrate judge issues findings or recommendations, the district court "may accept, reject, or modify [them] in whole or in part." 28 U.S.C. § 636 (b) (1). When no party has filed objections to the magistrate's R & R, the Court reviews it only for clear error. See Gomez v. Brown, 655 F.Supp.2d 332, 341 (S.D.N.Y. 2009). "A decision is clearly erroneous' when the reviewing Court is left with the definite and firm conviction that a mistake has been committed." Courtney v. Colvin, 13-cv-02884 (AJN), 2014 WL 129051, at *1 (S.D.N.Y. Jan. 14, 2014).

Defendants having filed no objections to the R & R, and the Court finding no clear error therein, the Court adopts the R & R in its entirety. This case is therefore DISMISSED and the Clerk of Court is instructed to terminate the case.

SO ORDERED.


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