Davis v. Doe 1
- Analisa Torres
- 1:21-cv-08451
- U.S. District Court · Southern District of New York
- 1
In Davis v. Doe 1, Judge Torres dismissed the action without prejudice after adopting an unobjected-to recommendation reviewed for clear error.
Javon Davis, the plaintiff proceeding without a lawyer, and the defendants named in the action.
What happened
In Javon Davis v. John Doe #1, et al., the court considered a recommendation from Magistrate Judge Barbara C. Moses. No party filed objections to that recommendation.
The court reviewed the recommendation for clear error and found none. It adopted the recommendation in full and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b). The opinion does not explain the recommendation’s underlying reasoning.
Judge Analisa Torres ordered the clerk to close the case and mail the order to Javon Davis, who was not represented by a lawyer in the matter.
The detailed version
- Davis v. Doe 1 · No. 1:21-cv-08451
- Analisa Torres
- Sept. 29, 2022
Background
The opinion concerns an action brought by Javon Davis against John Doe #1 and other defendants. Magistrate Judge Barbara C. Moses issued a Report and Recommendation. The opinion does not state the recommendation’s reasoning or describe the claims.
Court’s Analysis
No objections were filed to the Report and Recommendation. Judge Analisa Torres reviewed it for clear error, meaning an obvious mistake in the recommendation, and found none. The court therefore adopted the recommendation in its entirety.
Disposition
The court dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b). “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not discuss any requirements or limitations that might apply. The clerk was directed to close the case and mail a copy of the order to Davis, who was proceeding without a lawyer.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.