Ebalu v. New York City Police Department
- Lewis Liman
- 1:21-cv-06476
- U.S. District Court · Southern District of New York
- 2
In Ebalu v. New York City Police Department, Judge Liman adopted the recommendation and granted dismissal without leave to amend, closing the case.
Poindexter O. Ebalu and the New York City Police Department; the motion to dismiss was granted, amendment was not permitted, and the case was closed.
What happened
In Ebalu v. New York City Police Department, Magistrate Judge Sarah Netburn recommended granting the Police Department’s motion to dismiss, closing the case, and denying permission to amend the complaint because amendment would be futile.
The parties had 14 days to object to the recommendation, but neither party filed an objection. Because there were no objections, the district court reviewed the recommendation for clear error.
Judge Lewis J. Liman found no clear error, adopted the recommendation in full, and granted the Police Department’s motion to dismiss without leave to amend. The court directed the Clerk to close the case.
The detailed version
- Ebalu v. New York City Police Department · No. 1:21-cv-06476
- Lewis Liman
- Sept. 27, 2022
Background
The opinion concerns Poindexter O. Ebalu’s case against the New York City Police Department. The opinion does not describe the underlying claims or the facts giving rise to them.
Report and Recommendation
On June 21, 2022, Magistrate Judge Sarah Netburn issued a report and recommendation advising the district court to grant the Police Department’s motion to dismiss, close the case, and deny leave to amend because any amendment would be futile. The parties were given 14 days to submit written objections, but no objections were filed.
Court’s Review and Ruling
Under federal law, a district judge may accept, reject, or modify a magistrate judge’s report and recommendation. When no timely objection is filed, the district court reviews the recommendation for clear error, meaning an obvious mistake.
Judge Lewis J. Liman reviewed the record and the report and recommendation for clear error and found none. The court adopted the report and recommendation in its entirety and granted the defendant’s motion to dismiss without leave to amend. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.