Parker v. Department of Corrections
- Lewis Liman
- 1:20-cv-09408
- U.S. District Court · Southern District of New York
- 2
In Parker v. Brann, Judge Liman adopted the recommendation after no objections and granted defendants summary judgment, closing the case.
Devorn Parker and the defendants, including Cynthia Brann; the case was closed after the defendants received summary judgment.
What happened
Devorn Parker sued Cynthia Brann and other defendants. A magistrate judge recommended granting the defendants’ motion for summary judgment, which sought to dismiss Parker’s claims in their entirety. The opinion does not describe the underlying claims.
The parties were given 14 days to object to the recommendation, but no objections were filed. The district court therefore reviewed the recommendation for clear error rather than conducting a fresh review of the disputed issues.
Judge Lewis J. Liman found no clear error, adopted the recommendation in its entirety, and granted the defendants’ motion for summary judgment. The clerk was directed to close the motion and the case.
The detailed version
- Parker v. Department of Corrections · No. 1:20-cv-09408
- Lewis Liman
- Jan. 22, 2023
Background
On December 17, 2022, Magistrate Judge Stewart D. Aaron issued a report and recommendation. It recommended granting the defendants’ motion for summary judgment, which sought to dismiss pro se Plaintiff Devorn Parker’s claims in their entirety. The opinion does not identify or analyze the underlying claims.
The magistrate judge advised the parties that they had 14 days to file written objections. No objections were filed.
Court’s Review
Under 28 U.S.C. § 636(b)(1), a district court may accept, reject, or modify a magistrate judge’s findings or recommendations. When a party timely objects, the district court reviews the challenged portions independently. When no objection is filed, the district court reviews the report and recommendation for clear error.
The court reviewed the record and the report and recommendation for clear error and found none.
Ruling
The court adopted the report and recommendation in its entirety and granted the defendants’ motion for summary judgment. The clerk was directed to close Docket Number 48 and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.