Grazette v. Rockefeller
- Edgardo Ramos
- 1:20-cv-00965
- U.S. District Court · Southern District of New York
- 3
In Grazette v. Rockefeller, Judge Ramos granted NYPH and Hird’s dismissal motion and closed the case.
David I. Grazette’s second amended complaint was dismissed on the motion of New York-Presbyterian Healthcare System and Sharon Hird, and the case was closed.
What happened
In Grazette v. Rockefeller, David I. Grazette, representing himself, filed the case in 2020. The court allowed him to amend his complaint after earlier dismissals, and he later filed a second amended complaint. New York-Presbyterian Healthcare System and Sharon Hird asked the court to dismiss that complaint for failing to state a claim, and Grazette did not oppose the motion.
A magistrate judge recommended granting the motion and not allowing Grazette to amend his claims against the defendants. The district court reviewed the recommendation, found no error, adopted it, granted the motion to dismiss the second amended complaint, and directed the clerk to close the case.
Judge Edgardo Ramos issued the order on March 8, 2023. The ruling resolved the motion brought by New York-Presbyterian Healthcare System and Sharon Hird under the standard for determining whether a complaint states a legally sufficient claim.
The detailed version
- Grazette v. Rockefeller · No. 1:20-cv-00965
- Edgardo Ramos
- Mar. 8, 2023
Background
David I. Grazette filed the action on February 4, 2020, without a lawyer. The court initially dismissed his complaint and gave him 60 days to file an amended complaint. After he did not do so, the court dismissed the case for failure to state a claim. At Grazette’s request, the court reopened the case and later allowed him to amend.
The City of New York asked the court to stay the case until the Civilian Complaint Review Board investigation into Grazette’s allegations was resolved. The court stayed the case on November 6, 2020, and lifted the stay on January 7, 2022. Grazette then filed a second amended complaint.
Motion and Recommendation
New York-Presbyterian Healthcare System and Sharon Hird moved to dismiss the second amended complaint for failure to state a claim. Grazette did not file an opposition. The court referred the case to Magistrate Judge Sarah L. Cave, who issued a Report and Recommendation recommending that the motion be granted and that Grazette not be allowed to amend his claims against the defendants.
Court’s Analysis
The district court explained that it could accept, reject, or modify the magistrate judge’s recommendation. Because no objections were filed, the court reviewed the recommendation for clear error. It reviewed Judge Cave’s report and found no error, clear or otherwise.
Disposition
The court adopted Judge Cave’s recommendations. It granted the defendants’ motion to dismiss the second amended complaint for failure to state a claim and directed the clerk to terminate the motion and close the case. The order does not state that the dismissal was with or without prejudice.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.