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Motor Vehicle | New York Eastern
Judgment - Clerk
CLERK'S JUDGMENT that this action is dismissed, without prejudice, pursuant to Rule 41(b) for failure to prosecute; that pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Signed by Deputy Clerk, Christina Frunzi, on behalf of Clerk of Court, Brenna B. Mahoney, on 10/7/2026. (CCF)
Order Adopting Report and Recommendations Order on Sua Sponte - Report and Recommendations
ORDER:Familiarity with the procedural history and background of this action is assumed herein. On September 18, 2026, Magistrate Judge Peggy Kuo sua sponte issued a Report and Recommendation ("R&R") recommending that this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure ("Rule 41(b)") for failure to prosecute. See generally R&R (discussing relevant procedural history; discussing applicable law regarding factors courts consider when determining whether to dismiss under Rule 41(b); and recommending dismissal). No objection to the R&R has been filed and the time for filing objections has passed. See generally docket. A district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). "Where no objection to a Report and Recommendation has been timely made, the district court need only satisfy itself that there is no clear error on the face of the record." May v. Levy, 659 F. Supp. 3d 323, 332 (E.D.N.Y. 2023) (quotation omitted). Upon clear error review, the Court adopts the R&R. Accordingly, this action is dismissed pursuant to Rule 41(b) for failure to prosecute. Such dismissal is without prejudice. The Court notes that even under de novo review, the Court would adopt the R&R. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore denies in forma pauperis status for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment, close this case, and mail a copy of this Order to each pro se Plaintiff. Ordered by Judge Diane Gujarati on 10/6/2026. (BLC)
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