Justice v. Nassau County Police et al

Filing 23

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
-----------------------------------X
ALLAH JUSTICE,
Plaintiffs,
MEMORANDUM & ORDER
12-CV-2061(JS)(WDW)

-againstNASSAU COUNTY POLICE, NASSAU COUNTY
POLICE OFFICER RONALD C. RUSSO,
Shield #3620, NASSAU COUNTY POLICE
OFFICER JEFFREY S. RAYMOND, Shield
# 1120,

Defendant.
-----------------------------------X
APPEARANCES
For Plaintiff:
Allah Justice, Pro Se
11007727
Nassau County Correctional Center
100 Carmen Avenue
East Meadow, NY 11554
For Defendant:

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
12, 2012.

For the following reasons, the Court ADOPTS this R&R

in its entirety.
BACKGROUND
Plaintiff

Allah

F.

Justice

(“Plaintiff”)

commenced

this action on April 25, 2012 against Defendant Nassau County
Police,

P.O.

Ronald

C.

Russo,

and

P.O.

Jeffrey

S.

Raymond

(collectively “Defendants”) for his alleged false arrest.
September

21,

2012,

Plaintiff

stated

during

a

On

telephone

conference with Judge Wall that he had been convicted of the
offense for which he now claims false arrest.
Court

explained

that

a

conviction

of

the

Although the

underlying

offense

would bar a claim for false arrest, Plaintiff did not withdraw
his claim.

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
crime.

(Docket Entry 17.)
Judge

recommending

Wall

that

state a claim.

issued

the

an

Complaint

R&R
be

on

October

dismissed

(Docket Entry 19.)

for

12,

2012

failure

to

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
R&R.
DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

made

in
by

whole
the

or

in

part,

magistrate
2

the

judge.”

findings
28

or

U.S.C.

§ 636(b)(1)(C).

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.”
606,

609-10

(S.D.N.Y.

Urena v. New York, 160 F. Supp. 2d

2001)

(internal

quotation

marks

and

Here, no party has objected to Judge Wall’s R&R.

And

citation omitted).

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.
CONCLUSION
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.

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

December 4, 2012
Central Islip, NY

3

The Clerk