Davis v. City of New York et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having reviewed Magistrate Judge Bloom's thorough and careful R&R and the records in both actions, the Court finds no clear error and adopts the R&R as the opinion of the Court. Accordingly, the Court GRANTS the motion to dismiss by Defendants New York City Transit Authority, The Metropolitan Transit Authority, and MTA Bus Company in 16-CV-4097, and the Court dismisses all claims against them. The Court also sua sponte dismisses as duplicative th e Complaint in 17-CV-3129. In light of the dismissal, the Court DENIES as MOOT Plaintiff s motion for leave to proceed in forma pauperis in 17-CV-3129. (See 17-CV-3129 (CBA)(LB), D.E. # 2 .) The Clerk of Court is directed to close 17-CV-3129. Ordered by Judge Carol Bagley Amon on 11/15/2017. (fwd for judgment) (Fernandez, Erica)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK u.S. ^ i 0 imi RAHIEM DAVIS, Plaintiff, -againstTHE CITY OF NEW YORK;POLICE OFFICER,JUNIOR J. WALTERS P.O. NOT FOR PUBLICATION (SHIELD #14810); POLICE OFFICER, ORDER WANDA GOWINS,P.O.(SHIELD # 02967); 16-CV-4097(CBA) (LB) NEW YORK CITY TRANSIT AUTHORITY;THE METROPOLITAN TRANSIT AUTHORITY; MTA BUS COMPANY;and JANE DOE" AND "JOHN DOE," 1 'through' 8 inclusive, the names of the last defendants being fictitious, the true names ofthe defendants being unknown to the plaintiff. Defendants. -X RAHIEM DAVIS, Plaintiff, -againstTHE CITY OF NEW YORK;POLICE OFFICER(ARRESTING OFFICER ID: 943937), NYC HOUSING AUTHORITY INTELLIGENCE UNIT,69™ PRECINCT; 17-CV-3129(CBA) (LB) and "JANE DOE" AND "JOHN DOE," 1 through 8 are inclusive and the names of last Defendants being fictitious -the true names ofthe defendants being unknown to the plaintiff. Defendants. X AMON,United States District Judge: The Court has received the Report and Recommendation("R&R")of the Honorable Lois Bloom, United States Magistrate Judge ("Magistrate Judge Bloom"), for the instant actions filed by PlaintiffRahiem Davis. In 16-CV-4097,the Court referred to Magistrate Judge Bloom a motion 1 to dismiss Plaintiffs Amended Complaint by Defendants New York City Transit Authority, The Metropolitan Transit Authority, and MTA Bus Company. (See 16-CV-4097(CBA)(LB), D.E. # 7, 21, 47.) In an R&R dated August 24, 2017, Magistrate Judge Bloom recommended that the Court grant the motion and dismiss all claims against the three Defendants. Also in the R&R, Magistrate Judge Bloom recommended that, pmsuantto 28 U.S.C. § 1915(e)(2),the Court dismiss sua sponte Plaintiffs action in 17-CV-3129 because the pleadings are duplicative ofthose in 16CV-4097. No party has objected to the R&R,and the time for doing so has passed. When deciding whether the adopt an R&R, the 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). To accept those portions ofthe R&R "to which no timely objection has been made,a district court need only satisfy itself that there is no clear error on the face ofthe record." Jarvis v. N. Am. Globex Fund, L.P.. 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011)(quoting Wilds v. United Parcel Serv.. 262 F. Supp. 2d 163,169(S.D.N.Y. 2003)). Having reviewed Magistrate Judge Bloom's thorough and careful R&R and the records in both actions, the Court finds no clear error and adopts the R&R as the opinion of the Court. Accordingly, the Court GRANTS the motion to dismiss by Defendants New York City Transit Authority, The Metropolitan Transit Authority, and MTA Bus Company in 16-CV-4097, and the Court dismisses all claims against them. The Court also sua sponte dismisses as duplicative the Complaint in 17-CV-3129. In light of the dismissal, the Court DENIES as MOOT Plaintiffs motion for leave to proceed in forma pauneris in 17-CV-3129.(S^ 17-CV-3129(CBA) (LB),D.E.# 2.) The Clerk of Court is directed to close 17-CV-3129. Pursuant to 28 U.S.C. § 1915(a)(3), the Court DENIES in forma pauperis status for any appeal ofthis Order adopting Magistrate Judge Bloom's R&R,because the Court CERTIFIES that any such appeal would not be taken in good faith. S^ Coppedge v. United States. 369 U.S. 438, 444-^5 (1962). SO ORDERED. Dated: Novembej:v^5^, 2017 Brooklyn, New York s/Carol Bagley Amon Carol Bagley Amon, United States'^District Judge

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