govinfo:USCOURTS-nynd-9_24-cv-00969-1

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. 

- 2 - 
 
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 

Passage view · GavelSight