Opinion

Brown v. Kings County DA

Court
District Court, E.D. New York
Filed
Aug 5, 2024
Cited by
0 cases
Authority
More cited than 31.6%

“As to a dispositive matter, any part of the magistrate judge’s recommendation that has been properly objected to must be reviewed by the district judge de novo.”

How later courts described this case

  • “As to a dispositive matter, any part of the magistrate judge’s recommendation that has been properly objected to must be reviewed by the district judge de novo.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

----------------------------------------------------------------X

Arthur Lamar Brown,

Plaintiff, MEMORANDUM & ORDER

22-CV-00688 (DG) (CLP)

-against-

City of New York, et al.,

Defendants.

----------------------------------------------------------------X

DIANE GUJARATI, United States District Judge:

On June 12, 2024, Magistrate Judge Cheryl L. Pollak issued a Report and

Recommendation (“R&R”) recommending that the letter filed at ECF No. 54 by Defendant the

State of New York (the “State”) – which Judge Pollak construed as a motion to dismiss

Plaintiff’s claims against the State on state sovereign immunity grounds – be granted and that

Plaintiff’s claims against the State be dismissed with prejudice on state sovereign immunity

grounds. See R&R at 1-2, ECF No. 78.1

Pro se Plaintiff thereafter filed a letter objecting to the R&R. See Objection Letter, ECF

No. 79. In the Objection Letter, Plaintiff states, inter alia: “I hereby formally Object to the

Report and Recommendation (ECF No. 78) dated June 12, 2024, and reserve my right to Appeal

any adverse District Court Orders and/or Decisions that result therefrom.” See Objection Letter

at 1.

The State did not file any objections to the R&R or any response to Plaintiff’s Objection

Letter. See generally docket.

1 Familiarity with the detailed procedural history and background of this action is assumed

herein.

A district court “may accept, reject, or modify, in whole or in part, the findings or

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P.

72(b)(3). A district court “shall make a de novo determination of those portions of the report or

specified proposed findings or recommendations to which objection is made.” 28 U.S.C.

§ 636(b)(1); see also Fed. R. Civ. P. 72(b)(3) (providing that a district court “must determine de

novo any part of the magistrate judge’s disposition that has been properly objected to”); Arista

Recs., LLC v. Doe 3, 604 F.3d 110, 116 (2d Cir. 2010) (“As to a dispositive matter, any part of

the magistrate judge’s recommendation that has been properly objected to must be reviewed by

the district judge de novo.”); Lorick v. Kilpatrick Townsend & Stockton LLP, No. 18-CV-07178,

2022 WL 1104849, at *2 (E.D.N.Y. Apr. 13, 2022). To accept those portions of an R&R to

which no timely objection has been made, however, “a district court need only satisfy itself that

there is no clear error on the face of the record.” Lorick, 2022 WL 1104849, at *2 (quoting Ruiz

v. Citibank, N.A., No. 10-CV-05950, 2014 WL 4635575, at *2 (S.D.N.Y. Aug. 19, 2014)); see

also Jarvis v. N. Am. Globex Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011).

In light of Plaintiff’s Objection Letter and out of an abundance of caution, the Court

reviews de novo the entirety of the R&R. A review of the R&R, the record, and the applicable

law reveals that Judge Pollak properly concluded that the motion to dismiss, ECF No. 54, should

be granted on state sovereign immunity grounds and that Plaintiff’s claims against the State

should be dismissed.2 The Court adopts the R&R, as modified to reflect that dismissal of

2 In the Objection Letter, Plaintiff represents that he “ha[s] been unable to do any legal research

on any of the cases cited in the Report and Recommendation, or the proper format for filing an

objection” because his “requests to attend the Law Library” have been ignored. See Objection

Letter at 2. Plaintiff does not, however, request additional time – nor, in any event, would

additional time be availing because, as thoroughly explained in the R&R, see R&R at 2-6,

Plaintiff’s claims against the State must fail on state sovereign immunity grounds.

Plaintiff’s claims against the State is without prejudice to Plaintiff seeking any appropriate relief

in state court.

* * *

The motion to dismiss, ECF No. 54, is GRANTED and Plaintiff’s claims against the

State are dismissed without prejudice to Plaintiff seeking any appropriate relief in state court.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order

would not be taken in good faith and therefore denies in forma pauperis status for the purpose of

an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

The Clerk of Court is directed to mail a copy of this Order to Plaintiff.

SO ORDERED.

/s/ Diane Gujarati __

DIANE GUJARATI

United States District Judge

Dated: August 5, 2024

Brooklyn, New York

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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