Jefferson v. Rosenblatt et al
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Lindsay's R&R (Docket Entry 32) is ADOPTED in its entirety. Defendants' motion to vacate the Certificate of Default (Docket Entry 23) is GRANTED and Plaintiff's cross motion for default judgment and the issuance of a subpoena (Docket Entry 30) is DENIED. The Clerk of the Court is directed to VACATE the Certificate of Default. (Docket Entry 21.) The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff.The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 3/7/2017. C/M; C/ECF (Valle, Christine)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
KEVIN L. JEFFERSON,
MEMORANDUM & ORDER
CRAIG ROSENBLATT, SALVATORE SALVAGGIO,
ROBERT MEYER, and COUNTY OF SUFFOLK,
Kevin L. Jefferson, pro se
8 Candlewood Road
N. Bay Shore, NY 11706
Brian C. Mitchell, Esq.
Suffolk County Dept. of Law
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, NY 11788
SEYBERT, District Judge:
Pending before the Court is Magistrate Judge Arlene R.
Lindsay’s Report and Recommendation dated February 7, 2017 (the
“R&R,” Docket Entry 32) recommending that this Court: (1) grant
defendants Craig Rosenblatt, Salvatore Salvaggio, Robert Meyer,
and County of Suffolk’s (collectively, “Defendants”) motion to
vacate the Clerk’s entry of default, (Defs.’ Ltr. Mot., Docket
(“Plaintiff”) cross motion for default judgment and the issuance
of a subpoena, (Pl.’s Mot., Docket Entry 30).
reasons, the R&R is ADOPTED in its entirety.
For the following
procedural background of this matter, which is set forth in the
R&R. Briefly, on October 25, 2013, Plaintiff commenced this action
pursuant to 42 U.S.C. Section 1983, alleging violations of his
First and Fourteenth Amendment rights.
Docket Entry 1, at 2-3.)
(See generally Compl.,
On March 31, 2015, the Court granted in
part and denied in part Defendants’ motion to dismiss for failure
Plaintiff’s claims were dismissed without prejudice and with leave
to file an Amended Complaint.
(Order at 20-21.)
Plaintiff filed an Amended Complaint.
On May 13, 2015,
(Am. Compl., Docket Entry
Defendants failed to timely answer or move to dismiss
the Amended Complaint, and on August 17, 2016, the Clerk entered
a Certificate of Default.
(Cert. of Default, Docket Entry 21.)
Complaint and moved to vacate the Certificate of Default.
Docket Entry 22; Defs.’ Ltr. Mot.)
On October 14, 2016, the Court
referred Defendants’ motion to Judge Lindsay for a report and
recommendation on whether the motion should be granted.
Order, Docket Entry 26.)
On December 5, 2016, Plaintiff filed a
cross motion seeking entry of a default judgment and the issuance
of a subpoena.
On February 7, 2017, Judge Lindsay issued her R&R. Judge
Lindsay recommends that this Court grant Defendants’ motion, set
aside the Certificate of Default, and accept Defendants’ late
(R&R at 7.)
Judge Lindsay further recommends that
Plaintiff’s cross motion be denied.
(R&R at 7.)
In reviewing an R&R, a district court “may accept,
28 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.”
Urena v. New York, 160 F. Supp. 2d
606, 609-10 (S.D.N.Y. 2001) (internal quotation marks and citation
Objections were due within fourteen (14) days of service
of the R&R.
The docket reflects that on February 7, 2017, the
Court mailed a copy of the R&R to Plaintiff by Federal Express.
(See Docket Entry 32.) The time for filing objections has expired,
and no party has objected.
Accordingly, all objections are hereby
deemed to have been waived.
Upon careful review and consideration, the Court finds
Judge Lindsay’s R&R to be comprehensive, well-reasoned, and free
of clear error, and it ADOPTS the R&R in its entirety.
Judge Lindsay’s R&R (Docket Entry 32) is ADOPTED in its
Defendants’ motion to vacate the Certificate of Default
(Docket Entry 23) is GRANTED and Plaintiff’s cross motion for
default judgment and the issuance of a subpoena (Docket Entry 30)
The Clerk of the Court is directed to VACATE the
Certificate of Default.
(Docket Entry 21.)
The Clerk of the Court
is further directed to mail a copy of this Memorandum and Order to
the pro se Plaintiff.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that any appeal from this Order would not be taken in good faith
and therefore in forma pauperis status is DENIED for the purpose
of any appeal.
See Coppedge v. United States, 369 U.S. 438, 444-
45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
7 , 2017
Central Islip, New York
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