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S.D.N.Y.Procedural orderFiled Sept. 16, 2022

Massey v. Michele

Judge
Analisa Torres
Docket
1:20-cv-07621
Court
U.S. District Court · Southern District of New York
Pages
1
Motion to DismissCivil ProcedurePro Se
In one sentence

In Massey v. Michele, Judge Torres adopted the recommendation, granted defendants’ dismissal motion, and dismissed the complaint with prejudice.

Who this affects

Tyrone Massey’s complaint was dismissed with prejudice after the court granted the defendants’ motion to dismiss. The named defendants were Correction Officer Michele (# 110201), the City of New York, and the New York City Department of Corrections.

What happened

Massey v. Michele was brought by Tyrone Massey against Correction Officer Michele, the City of New York, and the New York City Department of Corrections.

No one objected to the magistrate judge’s report and recommendation. The court reviewed it for an obvious error, found none, and adopted it in full.

Judge Analisa Torres granted the defendants’ motion to dismiss and dismissed Massey’s complaint with prejudice, meaning the complaint cannot be refiled. The court also closed the case and directed that a copy of the order be mailed to Massey, who was proceeding without a lawyer.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Massey v. Michele · No. 1:20-cv-07621
Judge
Analisa Torres
Date
Sept. 16, 2022

Background

Tyrone Massey sued Correction Officer Michele (# 110201), the City of New York, and the New York City Department of Corrections. The opinion does not describe the underlying allegations or claims.

Report and Recommendation

The magistrate judge issued a report and recommendation. No party filed objections. Judge Torres reviewed the recommendation for clear error, meaning an obvious mistake, and found none.

Ruling

The court adopted the report and recommendation in its entirety. It granted the defendants’ motion to dismiss and dismissed Massey’s complaint with prejudice. The order also directed the Clerk of Court to terminate the motion, mail a copy of the order to Massey, who was proceeding without a lawyer, and close the case.

What the Opinion Does Not Explain

The order does not state the reasons for dismissal or identify the legal claims discussed in the report and recommendation.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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