In Re: Joseph Allan Cunningham, Jr.

• Court: District Court, S.D. New York
• Decided: September 27, 2020
• Docket: 1:19-cv-05480
• Status: Unknown

Opinion

DOCUMENT ELECTRONICALLY FILED DOC #: UNITED STATES DISTRICT COURT pare Fitep:_9/27/20__ SOUTHERN DISTRICT OF NEW YORK

Joseph Allan Cunningham Debtor,

19-cv-5480 (AJN) (SN) Joseph Allan Cunningham, Appellant, -V- OPINION & ORDER

Gregory Funding, Appellee.

ALISON J. NATHAN, District Judge: Before the Court is Judge Netburn’s Report & Recommendation (R&R) recommending that the Court grant the Defendant’s motion to dismiss this bankruptcy appeal. See Dkt. No. 26. When considering the findings and recommendations of a Magistrate Judge, the Court may “accept, reject, or modify [them], in whole or in part.” 28 U.S.C. § 636(b)(1). The Court must make a de novo determination of any portions of a magistrate’s report or findings to which a party raises an objection, and reviews only for “clear error on the face of the record” when there are no objections to the R&R. Brennan v. Colvin, No. 13-cv-6338 (AJN), 2015 WL 1402204, at *1 (S.D.N.Y. Mar. 25, 2015); see also Hicks v. Ercole, No. 09-cv-2531 (AJN) (MHD), 2015 WL 1266800, at *1 (S.D.N.Y. Mar. 18, 2015); Gomez v. Brown, 655 F.Supp.2d 332, 341 (S.D.N.Y. 2009). Clear error is found only when, upon review of the entire record, the

Court is left with “the definite and firm conviction that a mistake has been committed.” Laster v. Mancini, No. 07-cv-8265 (DAB) (MHD), 2013 WL 5405468, at *2 (S.D.N.Y. Sept. 25, 2013) (quoting United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006)). Objections to Judge Netburn’s R & R were due by December 24, 2019. See Dkt. No. 26 at 6. As of September 27, 2020, no objections have been filed. The Court thus reviews the R&R for clear error, and finds none. The Court therefore adopts the R&R in its entirety and GRANTS Appellee’s motion to dismiss this appeal for the reasons provided in Judge Netburn’s well- reasoned and thorough Report and Recommendation. The Clerk of Court is respectfully ordered to close this case and enter judgment. The Clerk of Court is further directed to mail a copy of this Opinion to the pro se Appellant and to note that mailing on the public docket.

SO ORDERED. h I. Dated: September 27, 2020 iV i ° New York, New York ALISON J. NATHAN United States District Judge