Muhammad v. Newton
- Valerie Caproni
- 1:20-cv-08343
- U.S. District Court · Southern District of New York
- 1
In Muhammad v. Newton, Judge Caproni granted defendants’ dismissal motion, dismissed Muhammad’s complaint without prejudice, and denied permission to appeal without paying filing fees.
Isaiah Muhammad and the defendants, including C.O. Newton.
What happened
In Muhammad v. Newton, the court adopted a magistrate judge’s report and recommendation in full and granted the defendants’ motion to dismiss the complaint.
The complaint was dismissed without prejudice. Because Muhammad did not object to the report and recommendation after receiving notice of the consequences, the court said further appellate review was waived.
Judge Valerie Caproni’s court also found that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The case was closed.
The detailed version
- Muhammad v. Newton · No. 1:20-cv-08343
- Valerie Caproni
- Apr. 21, 2022
Background
The judgment states that, for the reasons given in the Court’s April 14, 2022 Order, the court adopted the report and recommendation in full. The opinion text provided does not describe the underlying claims or the reasons for dismissal.
Ruling
The defendants’ motion to dismiss was granted, and Isaiah Muhammad’s complaint was dismissed without prejudice, meaning the judgment did not bar refiling based on the dismissal itself.
The judgment also states that the parties received adequate warning about the consequences of failing to object to the report and recommendation. Because no objections were filed, the court held that further appellate review was precluded. Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from the Order would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal. The case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.