Roman v. City Of New York

S.D. New York

Roman v. City Of New York

DecidedMarch 29, 2020

Docket1:17-cv-02697

StatusUnknown

This text of Roman v. City Of New York (Roman v. City Of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Roman v. City Of New York, (S.D.N.Y. 2020).

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USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC#H: UNITED STATES DISTRICT COURT DATE FILED: 3/29/20 SOUTHERN DISTRICT OF NEW YORK

JEROME ROMAN, :

Plaintiff, : -against- > 1:17-CV-2697 (ALC) : ORDER ADOPTING REPORT ANL THE CITY OF NEW YORK, et al, : RECOMMENDATION Defendants. :

re eee cee eee cee eee ce eee ee eee eee eee X ANDREW L. CARTER, JR., United States District Judge:

Plaintiff Jerome Roman (“Plaintiff”) filed this action against Defendants the City of New York, New York Police Department (“NYPD”) Detective David Terrell, and NYPD Officers Wilfredo Benitez, Gilberto Rodriguez, Yadarquiris Molina, and Corey Wooten. (ECF No. 1). On May 5, 2018, Plaintiff filed an amended complaint asserting claims against the Detective and Officers for false arrest, malicious prosecution, and denial of fair trial, and alleging Monell claims against the City of New York. (ECF No. 32). On May 14, 2019, Defendants filed a motion for summary judgment. (ECF No. 73). Subsequently, this motion was referred to Magistrate Judge Sarah Netburn. (See Order of Reference, ECF No. 82). On February 4, 2020, Judge Netburn filed a Report and Recommendation (the “Report”), recommending Defendants’ motion for summary judgment be granted in its entirety. See Report, ECF No. 83.

The Report notified the parties of the right to object within 14 days from service. See id, at 22. However, no objections were filed. Where, as here, no objections are filed, the Court reviews the Report for clear error. See Patterson v. Rock, 2012 WL 3245489, *1 (S.D.N.Y. Aug. 3, 2012); see also Graves v. Correctional Medical Service, 667 Fed.Appx. 18, 19 (2d Cir. 2016) (quoting United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)) (In the Second Circuit, “failure to object timely to a magistrate judge’s report may operate as a waiver of any further judicial review of the decision, as long as the parties receive clear notice of the consequences of their failure to object.”). The Court finds no clear error in the record and adopts Judge Netburn’s Report in its entirety. Accordingly, Defendants’ motion for summary judgment is GRANTED.

SO ORDERED. [Aydt / (se Dated: March 29, 2020 New York, New York ANDREW L. CARTER, JR. United States District Judge

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USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC#H: UNITED STATES DISTRICT COURT DATE FILED: 3/29/20 SOUTHERN DISTRICT OF NEW YORK

JEROME ROMAN, :

Plaintiff, : -against- > 1:17-CV-2697 (ALC) : ORDER ADOPTING REPORT ANL THE CITY OF NEW YORK, et al, : RECOMMENDATION Defendants. :

re eee cee eee cee eee ce eee ee eee eee eee X ANDREW L. CARTER, JR., United States District Judge:

Plaintiff Jerome Roman (“Plaintiff”) filed this action against Defendants the City of New York, New York Police Department (“NYPD”) Detective David Terrell, and NYPD Officers Wilfredo Benitez, Gilberto Rodriguez, Yadarquiris Molina, and Corey Wooten. (ECF No. 1). On May 5, 2018, Plaintiff filed an amended complaint asserting claims against the Detective and Officers for false arrest, malicious prosecution, and denial of fair trial, and alleging Monell claims against the City of New York. (ECF No. 32). On May 14, 2019, Defendants filed a motion for summary judgment. (ECF No. 73). Subsequently, this motion was referred to Magistrate Judge Sarah Netburn. (See Order of Reference, ECF No. 82). On February 4, 2020, Judge Netburn filed a Report and Recommendation (the “Report”), recommending Defendants’ motion for summary judgment be granted in its entirety. See Report, ECF No. 83.

The Report notified the parties of the right to object within 14 days from service. See id, at 22. However, no objections were filed. Where, as here, no objections are filed, the Court reviews the Report for clear error. See Patterson v. Rock, 2012 WL 3245489, *1 (S.D.N.Y. Aug. 3, 2012); see also Graves v. Correctional Medical Service, 667 Fed.Appx. 18, 19 (2d Cir. 2016) (quoting United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)) (In the Second Circuit, “failure to object timely to a magistrate judge’s report may operate as a waiver of any further judicial review of the decision, as long as the parties receive clear notice of the consequences of their failure to object.”). The Court finds no clear error in the record and adopts Judge Netburn’s Report in its entirety. Accordingly, Defendants’ motion for summary judgment is GRANTED.

SO ORDERED. [Aydt / (se Dated: March 29, 2020 New York, New York ANDREW L. CARTER, JR. United States District Judge

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