Hassan v. Agard
- Valerie Caproni
- 1:19-cv-05764
- U.S. District Court · Southern District of New York
- 2
In Hassan v. Agard, Judge Caproni adopted the recommendation denying Hassan’s default-judgment motion and denied permission to appeal without paying fees.
Eslam Hassan’s motion for default judgment was denied through adoption of the magistrate judge’s recommendation. The order also denied Hassan permission to appeal without paying court fees.
What happened
In Hassan v. Agard, Eslam Hassan asked the court to enter a default judgment against Captain Agard and the other defendants.
A magistrate judge recommended denying the motion. Hassan did not object, and the district court found no clear error in that recommendation.
Judge Valerie Caproni adopted the recommendation in full. The court also ruled that Hassan’s lack of objections prevented appellate review and denied permission to appeal without paying court fees.
The detailed version
- Hassan v. Agard · No. 1:19-cv-05764
- Valerie Caproni
- Feb. 18, 2020
Background
The court had referred the case to Magistrate Judge Freeman. Hassan later moved by letter for default judgment against Captain Agard and the other defendants.
Report and recommendation
Judge Freeman issued a report and recommendation denying Hassan’s motion. The opinion states that the report and recommendation was entered on December 11, 2020, and that Hassan filed no objections. It also states that 69 days had passed since the report and recommendation was entered.
District court’s review and ruling
Because no objections were filed, Judge Valerie Caproni reviewed the report and recommendation for clear error and found none. The court adopted the report and recommendation in its entirety, which left Hassan’s motion for default judgment denied.
The court further stated that Hassan’s failure to object, after receiving adequate warning, prevented appellate review of the decision. It certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying court fees for an appeal. The Clerk of Court was directed to mail Hassan a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.