McLean v. Clark
- Paul Engelmayer
- 1:19-cv-10967
- U.S. District Court · Southern District of New York
- 2
In Bahsid McLean v. Hazel Jennings, Judge Engelmayer adopted the report, granted the dismissal motion, and dismissed the case with prejudice.
Bahsid McLean and the defendants named in the case, including Hazel Jennings.
What happened
In Bahsid McLean v. Hazel Jennings et al., the defendants moved to dismiss Bahsid McLean’s Second Amended Complaint. McLean was representing himself.
The motion was referred to Magistrate Judge Barbara C. Moses, who recommended granting it and dismissing the case with prejudice. No party objected to that recommendation, so the court reviewed it for clear error—an obvious mistake visible from the record.
Judge Paul A. Engelmayer found no facial error, adopted the recommendation in full, granted the motion, and directed the Clerk of Court to close the case. The case was dismissed with prejudice.
The detailed version
- McLean v. Clark · No. 1:19-cv-10967
- Paul Engelmayer
- Feb. 8, 2022
Background
Bahsid McLean, proceeding without a lawyer, filed a Second Amended Complaint. A defendant moved to dismiss that complaint. The motion was referred to United States Magistrate Judge Barbara C. Moses.
Report and recommendation
Judge Moses issued a January 19, 2022 Report and Recommendation recommending that the motion be granted and that the case be dismissed with prejudice. The report gave the parties 14 days to submit written objections. The opinion states that no party objected and that the docket showed the report was mailed to McLean on January 20, 2022, making February 6, 2022 the objection deadline under the timing described by the court.
Court’s ruling
Because no objections were filed, the court reviewed the report for clear error, meaning an obvious error on the face of the record. Judge Engelmayer found no such error and adopted Judge Moses’s report in its entirety. The court granted the motion and dismissed the case with prejudice. It directed the Clerk of Court to close the case.
Disposition
The motion to dismiss was granted, the case was dismissed with prejudice, and the case was closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.