McKinney v. NYC Department of Corrections
- Alison Nathan
- 1:19-cv-05320
- U.S. District Court · Southern District of New York
- 2
In McKinney v. City of New York, Judge Nathan adopted the magistrate judge’s recommendation and granted the defendant’s motion to dismiss.
Michael McKinney’s case was dismissed on the defendant’s motion, and the clerk was directed to close the case. The opinion does not identify the underlying claims or explain the dismissal beyond adopting the separate Report and Recommendation.
What happened
In McKinney v. City of New York, Michael McKinney was the petitioner and the City of New York and others were the respondents. The opinion does not describe the underlying claims or the defendants’ reasons for seeking dismissal.
Judge Parker issued a report recommending that the defendants’ motion to dismiss be granted. No objections were filed by the deadline, so the court reviewed the recommendation for clear error, meaning an obvious mistake in the record.
Judge Alison J. Nathan found no clear error, adopted the report and recommendation in its entirety, and granted the defendant’s motion to dismiss for the reasons stated in Judge Parker’s report. The clerk was directed to close the case and mail the order and report to McKinney.
The detailed version
- McKinney v. NYC Department of Corrections · No. 1:19-cv-05320
- Alison Nathan
- Sept. 28, 2020
Background
The court considered Judge Parker’s Report and Recommendation, which recommended granting the defendants’ motion to dismiss. The opinion itself does not explain the underlying claims or the arguments supporting dismissal; it refers to the separate Report and Recommendation for those reasons.
Review of the Recommendation
Under 28 U.S.C. § 636(b)(1), a district court may accept, reject, or modify a magistrate judge’s recommendation. When no timely objections are filed, the district court reviews the recommendation for clear error on the face of the record. The court described clear error as a mistake that leaves it with a definite and firm conviction that an error was made.
No objections to the Report and Recommendation had been filed, and the objection deadline had passed. The court therefore applied clear-error review and found none.
Ruling
The court adopted the Report and Recommendation in its entirety and granted Defendant’s motion to dismiss for the reasons provided in Judge Parker’s Report and Recommendation. The clerk was directed to mail the order and the Report and Recommendation to the plaintiff and to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.