In Re: Lindsay
- Paul Engelmayer
- 1:21-cv-11006
- U.S. District Court · Southern District of New York
- 3
Lindsay v. Preuss: Judge Engelmayer granted Preuss’s motion to dismiss Lindsay’s bankruptcy appeal after adopting an unobjected-to recommendation.
Heather Jeanne Lindsay’s appeal from Bankruptcy Court orders was dismissed; Krista M. Preuss’s motion to dismiss was granted.
What happened
In Lindsay v. Preuss, Heather Jeanne Lindsay, representing herself, appealed several orders from the Southern District of New York Bankruptcy Court. Krista M. Preuss asked the district court to dismiss the appeal as frivolous, and Lindsay opposed that request.
Magistrate Judge Katharine H. Parker recommended dismissing the appeal for lack of jurisdiction or, alternatively, denying it as lacking merit. Neither party objected to that recommendation. The district court therefore reviewed it only for obvious error and found none.
Judge Paul A. Engelmayer adopted Judge Parker’s recommendation in full and granted Preuss’s motion to dismiss. He directed the clerk to close the case and mail Lindsay a copy of the order.
The detailed version
- In Re: Lindsay · No. 1:21-cv-11006
- Paul Engelmayer
- June 14, 2023
Background
Heather Jeanne Lindsay, proceeding without a lawyer, appealed various orders of the Southern District of New York Bankruptcy Court. Krista M. Preuss moved to dismiss the appeal as frivolous. Lindsay opposed the motion.
The district court had referred the matter to Magistrate Judge Katharine H. Parker for general pretrial supervision. On April 25, 2023, Judge Parker issued a Report and Recommendation recommending that the district court dismiss the appeal for lack of jurisdiction or, alternatively, deny it as meritless.
Review of the Recommendation
No party filed objections to Judge Parker’s Report and Recommendation. When there are no timely objections, the district court reviews the recommendation for clear error on the face of the record. The court stated that its review found no such error. It also stated that the parties’ failure to object waived appellate review of the recommendation.
Ruling
Judge Paul A. Engelmayer accepted and adopted Judge Parker’s April 25, 2023 Report and Recommendation in its entirety and granted Preuss’s motion to dismiss. The order directed the clerk to terminate the motion, close the case, and mail a copy of the order to Lindsay. The opinion does not independently identify whether the dismissal rested on lack of jurisdiction or the alternative conclusion that the appeal lacked merit.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.