Case Activity (143)

1. Utility | Filed: July 05, 2022 | Entered: July 05, 2022 Emery Mukendi Wafwana & Associates, P.C. v. Mengara

   Trademark | New York Southern

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2. Order | Filed: July 05, 2022 Emery Mukendi Wafwana & Associates, P.C. v. Mengara

   Trademark | New York Southern

   Order

   CLERK'S JUDGMENT re: 125 Order Adopting Report and Recommendations in favor of Elite Law Firm, SCP, Daniel Mengara, Eugenie Elanga Monkango against Emery Mukendi Wafwana & Associates, P.C., Moise Kapanda Mukendi. It is hereby ORDERED, AD JUDGED AND DECREED: That for the reasons stated in the Court's Order dated June 30, 2022, the R&R is adopted in full, Defendant's motion to dismiss is granted, and this case is DISMISSED without prejudice. Because the R&R gave the parties adequate warning, see Dkt.124 at 20, the failure to object to the R&R precludes appellate review of this decision, see Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (Where parties receive clear notice of the consequences, failu re timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision.). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915( a)(3) that any appeal from the Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied. (Signed by Clerk of Court Ruby Krajick on 7/5/2022) (Attachments: # 1 Right to Appeal) (km)

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