Jallow v. Geffner
- Lorna Schofield
- 1:23-cv-03969
- U.S. District Court · Southern District of New York
- 2
In Jallow v. Terrell, Judge Schofield adopted the recommendation and dismissed the entire case with prejudice because of Jallow’s repeated abusive conduct.
Yaya Jallow and David Terrell, et al.; the case was closed after the court dismissed it in its entirety with prejudice.
What happened
In Yaya Jallow v. David Terrell, et al., a magistrate judge recommended dismissing the entire case with prejudice. The opinion does not describe the underlying claims.
The recommendation was based on Jallow’s repeated use of profanity, slurs, and insults in emails, court filings, and appearances. This continued after an order warned that violating court orders could lead to sanctions, including dismissal. Jallow did not object to the recommendation.
Judge Lorna G. Schofield found no clear error in the magistrate judge’s recommendation, adopted it in full, and dismissed the case with prejudice. The clerk was directed to close the case.
The detailed version
- Jallow v. Geffner · No. 1:23-cv-03969
- Lorna Schofield
- Feb. 26, 2025
Background
Magistrate Judge Katharine H. Parker issued a Report and Recommendation on January 30, 2025, recommending that the case be dismissed with prejudice in its entirety. The opinion does not state what claims Jallow brought or describe the underlying dispute.
The recommendation was based on Jallow’s conduct during the litigation. According to the order, Jallow directed threatening and inappropriate conduct toward defense counsel and Judge Parker on multiple occasions, including profanity, slurs, and insults in emails, filings, and court appearances. A December 26, 2024 order had directed Jallow to stop that conduct and warned that violating court orders could result in sanctions up to and including dismissal. The order states that Jallow continued the conduct after that warning.
Court’s Review and Ruling
No objection was filed to the Report and Recommendation. When no timely objection is made, the district court reviews the record for clear error, meaning an obvious mistake apparent from the record. Judge Lorna G. Schofield found no clear error and adopted the Report and Recommendation in full.
The court ordered that the case be dismissed in its entirety with prejudice, meaning the dismissal bars refiling the dismissed case. The clerk was directed to close the case. The court relied on its inherent authority to sanction litigation misconduct, including conduct that is undertaken in bad faith, vexatiously, wantonly, or for oppressive reasons.
Disposition
The Report and Recommendation was adopted in full, and the case was dismissed in its entirety with prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.