Christian Mercado a/k/a Debra Mercado v. Utomi Haidome

Summary

The Southern District of New York adopted a report and recommendation granting Defendant Utomi Haidome’s motion for summary judgment in Plaintiff Christian Mercado’s First Amendment free-exercise claim concerning Wiccan religious practice while detained at Rikers Island. Because no objections were filed, the court reviewed the report for clear error, found none, dismissed the claim with prejudice, and directed that the case be closed.

Holdings

1. When no objection is filed to a magistrate judge's report and recommendation, the district court reviews the recommendation for clear error.
2. The court adopted the report and recommendation in its entirety and granted Haidome's motion for summary judgment.
3. Mercado's claim was dismissed with prejudice.

Questions Presented

1. Whether the district court should review the magistrate judge's report and recommendation for clear error because no objections were filed.
2. Whether the court should adopt the report and recommendation and grant Haidome's motion for summary judgment.
3. Whether Mercado's First Amendment free-exercise claim should be dismissed with prejudice.

Disposition

dismissed