Petitphare v. The City of New York et al

United States District Court
Eastern District of New York
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ROLAND PETITPHARE,
Plaintiff,
- against -
THE CITY OF NEW YORK, et al.,
Defendant.
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Order
No. 24-cv-3955 (KAM)(CHK)
Kiyo A. Matsumoto, United States District Judge:
Based on the Plaintiff’s failure to comply with Court orders
and 	to 	appear 	at 	conferences, 	Plaintiff 	was 	warned 	that 	his 	case
could 	be 	dismissed 	pursuant 	to 	Federal 	Rule 	of 	Civil 	Procedure
41(b). 	(See 	Dkt. 	Entries 	dated 	6/12/2025, 	7/15/2025, 	and
9/8/2025.) 	On 	August 	22, 	2025, 	the 	City 	of 	New 	York 	(“Defendant”
or 	“The 	City”) 	filed 	and 	served 	on 	Plaintiff 	a 	letter 	motion
requesting 	the 	Court 	to 	dismiss 	this 	action 	for 	failure 	to
prosecute 	under 	Federal 	Rule 	of 	Civil 	Procedure 	41(b). 	(ECF 	Nos.
33, 	34.) 	The 	next 	month, 	Magistrate 	Judge 	Kaminsky 	directed
Plaintiff 	Roland 	Petitphare 	(“Plaintiff” 	or 	“Petitphare”) 	to
respond to Defendant’s motion to dismiss by October 10, 2025. (Dkt.
Order dated 9/08/2025.) Judge Kaminsky’s order notified Plaintiff
that if the Court did not receive a response from Plaintiff by the
October 	10 	deadline 	that 	“it 	will 	consider 	Defendant’s 	motion
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unopposed 	and 	may 	issue 	a 	report 	and 	recommendation” 	to 	the
undersigned recommending that Defendant’s motion be granted. (Id.)
Defendant timely served Plaintiff with the September 8 order. (ECF
No. 35.) Plaintiff, however, failed to respond by October 10, and
has remained nonresponsive as of the date of this order.
The following month, the Court referred Defendant’s motion to
Judge Kaminsky for a report and recommendation (“R&R”). (Dkt. Order
dated 	10/09/2025.) 	Judge 	Kaminsky 	subsequently 	entered 	a 	well-
reasoned 	R&R 	on 	October 	21, 	2025, 	and, 	pursuant 	to 	28 	U.S.C. 	§
636(b)(1) 	and 	Federal 	Rule 	of 	Civil 	Procedure 	72(b)(2), 	directed
Plaintiff 	to 	respond 	within 	14 	days 	of 	the 	R&R. 	(Report 	and
Recommendation, Dkt. Order dated 10/21/2025.) Judge Kaminsky’s R&R
was 	served 	on 	Plaintiff 	on 	October 	22, 	2025. 	(ECF 	No. 	36.) 	More
than 14 days have elapsed since Judge Kaminsky entered the R&R and
since 	the 	Defendants 	served 	Plaintiff. 	(R&R 	Dkt. 	Entry 	dated
10/21/2025; ECF No. 36.) No party has filed a written objection.
In 	reviewing 	a 	report 	and 	recommendation, 	the 	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); 	see 	Fed. 	R. 	Civ. 	P. 	72(b). 	“If 	no 	timely 	objection 	is
filed, 	the 	district 	court 	need 	only 	satisfy 	itself 	that 	there 	is
no 	clear 	error 	on 	the 	face 	of 	the 	record.” 	Nevelskiy 	v. 	Advanced
Professional Group, Inc., 735 F. Supp. 3d 148, 152 (E.D.N.Y. 2024)
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(quoting 	May 	v. 	Levy, 	659 	F. 	Supp. 	3d 	323, 	332 	(E.D.N.Y. 	2023))
(internal quotation marks omitted).
After careful review of the record and Judge Kaminsky’s well-
reasoned 	R&R, 	the 	Court 	finds 	no 	clear 	error 	and 	thus 	adopts 	the
R&R 	in 	its 	entirety 	as 	the 	Court’s 	opinion. 	See 	28 	U.S.C. 	§
636(b)(1). Accordingly, it is
ORDERED that the R&R is adopted in its entirety and this case
is 	dismissed 	pursuant 	to 	Federal 	Rule 	of 	Civil 	Procedure 	41(b).
Defendant is ordered to serve a copy of this Order on Plaintiff at
his last known address and to file proof of service with the Court
by Wednesday, November 19, 2025. The Clerk of Court is directed to
enter 	judgment, 	serve 	Plaintiff 	with 	a 	copy 	of 	the 	judgment 	by
November 18, 2025, and close this case.
So ordered.
Dated: 	November 17, 2025
Brooklyn, New York
_______________________________
Kiyo A. Matsumoto
United States District Judge
Eastern District of New York
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