Summary
The United States District Court for the Eastern District of New York adopts a magistrate judge’s Report and Recommendation concerning Roger Rowe’s motions for final judgment, a temporary restraining order, and a preliminary injunction. The Court denies Rowe’s motions and grants the United States’ request for a filing injunction, requiring Rowe to obtain leave of Court before submitting filings seeking to alter, amend, reopen, or take similar action regarding the amended judgment.
Holdings
- General, conclusory, or repetitive objections are reviewed for clear error, while specific objections receive de novo review under 28 U.S.C. § 636(b)(1)(C).
- The magistrate judge acted within the authority delegated by the district court when she issued a Report and Recommendation on the referred motions; an R&R is not an order requiring consent to magistrate-judge jurisdiction over the civil action.
- Rowe's motions for entry of final judgment in his favor and for a temporary restraining order and preliminary injunction were denied.
- The United States was entitled to a narrowly crafted filing injunction requiring Rowe to obtain leave of court before submitting filings seeking to alter, amend, reopen, or take similar action concerning the Amended Judgment.
Questions Presented
- Whether the district court should review Rowe's general and repetitive objections to the magistrate judge's R&R for clear error and his specific objection de novo.
- Whether the magistrate judge exceeded her authority by issuing a Report and Recommendation concerning the referred motions.
- Whether Rowe's motions for entry of final judgment, a temporary restraining order, and a preliminary injunction should be granted.
- Whether the United States was entitled to a narrowly crafted injunction requiring Rowe to obtain leave before filing further motions concerning the Amended Judgment.
Disposition
other
Cases Cited (2)
- Norman v. Metropolitan Transportation Authority, 13-CV-1183, 2014 WL 4628848, at *1 (E.D.N.Y. Sept. 15, 2014)(followed)
- SBC 2010-1, LLC v. Morton, 552 F. App'x 9, 12-13 (2d Cir.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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