Lewis v. The City of New York

Background

Robert Lewis, representing himself, filed an action against The City of New York. He alleged that the City violated his constitutional rights by charging him excessive fines and taking his property without due process or just compensation.

The City moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which concerns the court’s power to hear a case, and Rule 12(b)(6), which concerns whether a complaint states a legally sufficient claim. The court referred the motion to Magistrate Judge Robert W. Lehrburger. Lewis had an opportunity to respond but filed no opposition papers.

Report and Recommendation

Judge Lehrburger recommended granting the City’s motion and dismissing Lewis’s claims without prejudice. The recommendation stated that Lewis could amend his complaint to plausibly assert a constitutional claim under 42 U.S.C. § 1983, a federal law providing a way to seek relief for certain constitutional violations, or bring a proceeding in New York state court.

Lewis was notified that he could object to the recommendation but filed no objections before the deadline. Judge Torres therefore reviewed the recommendation for clear error, meaning an obvious mistake.

Ruling

Judge Torres found no clear error in Judge Lehrburger’s recommendation and adopted it in its entirety. Lewis’s claims were dismissed without prejudice. The order allowed Lewis to file an amended complaint by February 7, 2025. The Clerk of Court was directed to terminate the City’s motion and mail Lewis a copy of the order.