Malloy v. Evans

Background

Anthony Alexander Malloy, proceeding without a lawyer, filed claims against the City of New York Department of Homeless Services, unnamed directors of the Department of Homeless Services and Department of Finance, and individual defendants identified in the opinion as Tamika Everson, Paul Budden, and Selena Cooper. His claims included claims under 42 U.S.C. § 1983 alleging violations of the Eighth and Fourteenth Amendments, a public-accommodation discrimination claim under Title II of the Civil Rights Act of 1964, and claims under Titles II and III of the Americans with Disabilities Act.

Motions and Recommendation

The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal for failure to state a legally sufficient claim. The motions were referred to Magistrate Judge Sarah Netburn, who recommended granting the motions, dismissing the complaint, and denying leave to amend.

Objections and Review

Malloy objected to the recommendation, but the district court found that his objections were general, conclusory, and largely repeated the allegations in his complaints. Because he did not make specific objections to particular findings, the court did not conduct a fresh review of those findings. Instead, it reviewed the recommendation for clear error, meaning an obvious mistake, and found none.

Ruling

Judge Analisa Torres overruled Malloy’s objections, adopted the report and recommendation in its entirety, and granted the defendants’ motions to dismiss. The order directed the clerk to terminate the motions and close the case. The opinion does not itself provide the underlying factual allegations or explain the specific grounds on which each claim was dismissed; it states that the court adopted the magistrate judge’s report in full.