Barreto v. Brown et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
____________________________________________
ARES BARRETO,
Plaintiff,
v. 	9:24-CV-969
(FJS/ML)
N. RIZZO, Correctional Officer (R.C.C.F.)
Defendant.
____________________________________________
APPEARANCES 	OF COUNSEL
ARES BARRETO
190 Hoosick Street
Troy, New York 12180
Plaintiff pro se
THE LAWS GROUP PLLC 	GREGG TYLER JOHNSON, ESQ.
646 Plank Road, Suite 205
Clifton Park, New York 12065
Attorneys for Defendant
SCULLIN, Senior Judge
ORDER
In a Report and Recommendation filed April 27, 2026, Magistrate Judge Lovric
recommended that Plaintiff's complaint be dismissed in its entirety, pursuant to Rule 41(b) of the
Federal Rules of Civil Procedure based on his failure to prosecute and comply with this Court's
Orders and Local Rules of practice and that Defendant's motion to dismiss for failure to
prosecute be granted. See Dkt. No. 36, Report and Recommendation, at 10.
Plaintiff did not file any objections to these recommendations.
When a party does not object to a magistrate judge's report-recommendation, the court
reviews that report-recommendation for clear error or manifest injustice. See Linares v.
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Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and
footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify, in
whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28
U.S.C. § 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Lovric's April 27, 2026 Report and
Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Lovric's April 27, 2026 Report and Recommendation is
ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's complaint is DISMISSED with prejudice for failure to
prosecute and comply with this Court's Orders and the Local Rules of practice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure; and the Court further
ORDERS that Defendant's motion to dismiss Plaintiff's complaint for failure to
prosecute, see Dkt. No. 31, is GRANTED; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and
close this case; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in
accordance with the Local Rules.
IT IS SO ORDERED.
Dated: June 2, 2026
Syracuse, New York
Case 9:24-cv-00969-FJS-ML Document 37 Filed 06/02/26 Page 2 of 2