Justice v. Nassau County Police et al
ORDER ADOPTING R&R in its entirety and Plaintiff's Complaint is DISMMISSED for failure to state a claim. Ordered by Judge Joanna Seybert on 12/4/2012. (c/ECF Defendant) (C/M Plaintiff) (Nohs, Bonnie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MEMORANDUM & ORDER
-againstNASSAU COUNTY POLICE, NASSAU COUNTY
POLICE OFFICER RONALD C. RUSSO,
Shield #3620, NASSAU COUNTY POLICE
OFFICER JEFFREY S. RAYMOND, Shield
Allah Justice, Pro Se
Nassau County Correctional Center
100 Carmen Avenue
East Meadow, NY 11554
Liora M. Ben-Sorek, Esq.
Nassau County Attorney’s Office
One West Street
Mineola, NY 11501
SEYBERT, District Judge:
Pending before the Court is Magistrate Judge William
D. Wall’s Report and Recommendation (“R&R”), issued on October
For the following reasons, the Court ADOPTS this R&R
in its entirety.
this action on April 25, 2012 against Defendant Nassau County
(collectively “Defendants”) for his alleged false arrest.
conference with Judge Wall that he had been convicted of the
offense for which he now claims false arrest.
would bar a claim for false arrest, Plaintiff did not withdraw
Judge Wall then issued an Order to Show Cause,
requesting that Plaintiff show cause why the Court should not
recommend the case be dismissed for failure to state a claim.
(Docket Entry 16.)
Plaintiff responded but said that his arrest
and conviction were flawed and claimed that he did not commit a
(Docket Entry 17.)
state a claim.
(Docket Entry 19.)
Judge Wall explained that
Plaintiff’s claims, though they could be pursued in state court
appeals, did not change the general rule that a conviction bars
a claim of false arrest for the same offense.
No party has objected to any portion of Judge Wall’s
In reviewing an R&R, a district court “may accept,
If no timely objections have been made, the
“court need only satisfy itself that there is no clear error on
the face of the record.”
Urena v. New York, 160 F. Supp. 2d
Here, no party has objected to Judge Wall’s R&R.
the Court finds his R&R to be correct, comprehensive, wellreasoned and free of any clear error.
Accordingly, the Court
ADOPTS it in its entirety.
For the foregoing reasons, it is hereby ORDERED that
Judge Wall’s R&R is ADOPTED in its entirety and Plaintiff’s
Complaint is DISMISSED for failure to state a claim.
of the Court is directed to mark this matter CLOSED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
December 4, 2012
Central Islip, NY
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