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)

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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

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