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Civil Rights: Other | New York Southern
Mailing Receipt
MAILING RECEIPT: Document No: 240. Mailed to: Mary Langton 11 June Rd. Chester, NY 10918. (ml)
Labor: Fair Standards | New York Eastern
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 2, 2026, Magistrate Judge Clay H. Kaminsky issued a Sua Sponte Report and Recommendation ("R&R") recommending that all claims of pro se Plaintiff Ashley Salkey – i.e., the only claims remaining in 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, upon weighing of the factors, recommending dismissal of this action); see also Judgment, ECF No. 46. 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, the claims of Plaintiff Ashley Salkey are 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 consistent with this Order, close this case, and mail a copy of this Order to Plaintiff Ashley Salkey. Ordered by Judge Diane Gujarati on 9/29/2026. (BLC)
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