Opinion
00 CV 8117 (WK) (RLE)
June 16, 2003
ORDER
On April 13, 2001, following Defendant's filing of a motion to dismiss under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, I referred the above captioned matter to Magistrate Judge Ellis. On May 23, 2003, Judge Ellis issued a Report Recommendation recommending that Defendants' motion to dismiss be denied.
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have ten (10) days from service of a Report to file written objections. To date, no objections have been filed, nor have any requests for an extension of time in which to file objections been made.
A reviewing court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1)(C). In a case such as this one, where no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record." Nelson v. Smith (S.D.N.Y. 1985) 618 F. Supp. 1186, 1189; see also Pizarro v. Bartlett (S.D.N.Y. 1991) 776 F. Supp. 815, 817. I have reviewed the Report Recommendation and am convinced that there is no facial error. Accordingly, Judge Ellis' recommendation is accepted, and Defendant's motion to dismiss is DENIED.
SO ORDERED.