Gumora v. Covington

Background

The case was referred to Magistrate Judge Henry J. Ricardo for pretrial supervision and recommendations on motions that could end the case. On June 23, 2025, Judge Ricardo recommended dismissing the case without prejudice because Joshua Gumora had failed to comply with Standing Order M10-468 and had failed to prosecute the case.

The recommendation warned the parties that they had 14 days to object. It also warned that failing to object on time could waive the right to object. As of Judge Vargas’s order, Gumora had filed no objection and had not requested more time. Judge Vargas therefore found that he had waived the right to object to the recommendation or obtain appellate review.

Court’s Review and Ruling

Even though no objections were filed, Judge Vargas reviewed the docket and the recommendation. She noted that Judge Ricardo had issued two orders warning Gumora that failing to provide the court with an updated address could result in dismissal, and that the docket showed Gumora did not respond. Judge Vargas found the recommendation well reasoned and adopted it in its entirety.

The case was dismissed without prejudice for failure to comply with the standing order and failure to prosecute. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. The Clerk was directed to terminate all pending motions and close the case.