Opinion

Bickmeyer v. Roulette Construction Inc

Court
District Court, E.D. New York
Filed
Feb 14, 2023
Cited by
0 cases
Authority
More cited than 26.7%

“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.”

How later courts described this case

  • “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.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

X

ROBERT BICKMEYER,

Plaintiff, ORDER ADOPTING SUA

SPONTE REPORT AND

RECOMMENDATION

v.

19-CV-4365 (GRB)(JMW)

ROULETTE CONSTRUCTION INC,

NICK CONSULTING SERVICES INC, AND

NICHOLAS ANALITIS

Defendants.

X

GARY R. BROWN, United States District Judge:

Presently before the Court is the sua sponte Report and Recommendation, dated January

6, 2023, DE 63, of Magistrate Judge James M. Wicks recommending that Defendant’s answer (DE

18) be stricken, and that Plaintiff promptly takes steps to seek a default judgment against

Defendant. The time to file objections has expired, and no objections have been filed. Pursuant

to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has carefully reviewed the Report and

Recommendation and finds Judge Wicks’ Report and Recommendation to be exceedingly

thorough, well-reasoned and free from clear error. 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b);

see Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require

district court to review of a magistrate’s factual or legal conclusions, under a de novo or any other

standard, when neither party objects to those findings.”); 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.”); Piroleau v. Caserta, No. 10-CV-5670 (SJF), 2012

WL 5389931, at *1 (E.D.N.Y. Oct. 29, 2012) (“To accept the report and recommendation of a

magistrate judge on a dispositive matter as to which no timely objection has been made, the district

judge need only be satisfied that there is no clear error on the face of the record.”); see also Killoran

v. Westhampton Beach School Dist., No. 18-CV-3389 (DRH), 2020 WL 1433647 (E.D.N.Y. Mar.

11, 2020) (reviewing dispositive Report and Recommendation for clear error where no objections

made). Nevertheless, although de novo review is not required, the Court has conducted a de novo

review of the Report and Recommendation, and having reviewed the motion papers, the applicable

law, and having conducted a careful review of the Report and Recommendation de novo, the Court

has determined that Judge Wicks has thoughtfully and correctly applied the law. Additionally, the

Court finds Judge Wicks’ recommended sanctions against the defendant – who has thrice defied

orders to appear before him in pretrial conferences – especially appropriate in light of the Second

Circuit’s recent admonition that “while pro se litigants may in general deserve more lenient

treatment than those represented by counsel, all litigants, including [those proceeding] pro se[ ],

have an obligation to comply with [this] [C]ourt[’s] orders.” Publicola v. Lomenzo, 54 F.4th 108,

111 (2d Cir. 2022) (quoting McDonald v. Head Crim. Ct. Supervisor Officer, 850 F.2d 121, 124

(2d Cir. 1988)) (affirming dismissal of action brought by pro se litigant proceeding under

pseudonym who refused to follow district judge’s order to refile briefs using his real name).

Accordingly, the Court adopts the Report and Recommendation, dated January 6, 2023,

DE 63, of Magistrate Judge James Wicks in its entirety. Plaintiff is directed to serve a copy of this

Order upon the pro se defendant and file proof of service forthwith.

SO ORDERED.

Dated: February 14, 2023

Central Islip, New York

__/s/ Gary R. Brown_______________

HON. GARY R. BROWN

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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