Opinion

Brown v. The City of New York

Court
District Court, S.D. New York
Filed
Aug 19, 2025
Cited by
0 cases
Authority
More cited than 38.9%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ARTHUR LAMAR BROWN,

Plaintiff,

23-CV-5924 (JGLC) (SDA)

-against-

ORDER ADOPTING REPORT

CITY OF NEW YORK, et al., AND RECOMMENDATION

Defendants.

JESSICA G. L. CLARKE, United States District Judge:

This motion to dismiss was referred to Magistrate Judge Aaron for a Report and

Recommendation. See ECF Nos. 23, 59. In the Report and Recommendation filed on July 16,

2025, Magistrate Judge Aaron recommended that the motion be granted in part and denied in

part. See ECF No. 71.

In reviewing a Report and Recommendation, 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)(C). A district court “must determine de novo any part of the magistrate

judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b)(3); see also United

States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997). To accept those portions of the report 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. See, e.g., Wilds v. United Parcel Serv., 262 F.

Supp. 2d 163, 169 (S.D.N.Y. 2003). This clearly erroneous standard also applies when a party

makes only conclusory or general objections, or simply reiterates his original arguments. See,

e.g., Ortiz v. Barkley, 558 F. Supp. 2d 444, 451 (S.D.N.Y. 2008).

In the present case, the Report and Recommendation advised the parties that they had

fourteen days from service of the Report and Recommendation to file any objections, and

warned that failure to timely file such objections would result in waiver of any right to object.

See ECF No. 71 at 31. In addition, the Report and Recommendation expressly called Plaintiffs

attention to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1).

Nevertheless, as of the date of this Order, no objections have been filed and no request for an

extension of time to object has been made. Accordingly, Plaintiff has waived the right to object

to the Report and Recommendation or to obtain appellate review. See Frank v. Johnson, 968

F.2d 298, 300 (2d Cir. 1992); see also Caidor v. Onondaga County, 517 F.3d 601 (2d Cir. 2008).

Despite the waiver, the Court has reviewed motion and the Report and Recommendation,

unguided by objections, and finds the Report and Recommendation to be well reasoned and

grounded in fact and law. Accordingly, the Report and Recommendation is ADOPTED in its

entirety.

The Clerk of Court is directed to terminate ECF No. 59 and to mail a copy of this Order

to Plaintiff.

SO ORDERED.

Dated: August 19, 2025

New York, New York

ESSICA G. L. CLARKE

United States District Judge

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.