Jefferson v. Police Officer, Cope Unit 34
2:15-cv-00544
E.D.N.YMar 7, 2017Background
- Plaintiff Kevin L. Jefferson filed lead case 15-CV-0544 alleging §1983 violations related to panhandling rights.
- The January Order (Jan. Order) dismissed Officer Dubriske without prejudice with leave to replead within 30 days; no replead occurred.
- The Lead Case was sua sponte consolidated with three related cases (15-CV-2303, 15-CV-2304, 15-CV-2305) involving the County, officers, and Sheriff.
- Motions to dismiss under Rule 12 were filed in the Consolidated Cases; separately, a Rule 41(b) failure-to-prosecute motion was filed in May 2016.
- Judge Shields issued an R&R recommending denial of the lack-of-prosecution dismissal and denial without prejudice of the Rule 12 motions, with a renewed briefing schedule.
- The district court adopted the R&R, denied the 41(b) dismissal without prejudice, and dismissed Dubriske with prejudice; ordered briefing for renewed motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to deny without prejudice the lack-of-prosecution motion | Jefferson argues for dismissal with prejudice/others as required. | Defendants seek dismissal for lack of prosecution. | Denied without prejudice; adoption of R&R. |
| Whether to deny without prejudice the Rule 12 motions in the Consolidated Cases | Renewed briefing is unnecessary if merits fail. | Motions should be dismissed or dismissed without prejudice pending briefing schedule. | Denied without prejudice pending renewed briefing schedule. |
| Effect of non-repleading of Dubriske on the Lead Case | Lead claims against Dubriske may proceed if not barred. | Failure to replead warrants dismissal. | Dubriske dismissed with prejudice. |
| Whether the Clerk should terminate Dubriske as a defendant | Status quo maintained pending rulings. | Termination appropriate after dismissal with prejudice. | Dubriske terminated as a defendant. |
Key Cases Cited
- Urena v. New York, 160 F. Supp. 2d 606 (S.D.N.Y. 2001) (clear error standard for reviewing magistrate judges; no objections waived)
- Coppedge v. United States, 369 U.S. 438 (Supreme Court 1962) (in forma pauperis on appeal; good-faith standard)