Jessamy v. City Mount Vernon

Background

Turhan F. Jessamy, proceeding without a lawyer, sued the City of Mount Vernon and other defendants under 42 U.S.C. § 1983. He alleged excessive force, malicious prosecution, and false imprisonment. The court referred the case for pretrial supervision, and the case was consolidated for discovery with another matter arising from the same facts.

The opinion states that Jessamy failed to attend three court-ordered status conferences. He also failed to provide updated and accurate contact information, did not respond to defendants’ document demands and interrogatories, and otherwise failed to advance the litigation. The defendants moved to dismiss the case for failure to prosecute.

Report and recommendation

Magistrate Judge Lisa M. Smith recommended that the court grant defendants’ motion and dismiss the case with prejudice. The recommendation notified Jessamy that objections were due within 17 days and that failing to object could limit later appellate review. The recommendation was mailed to two addresses associated with Jessamy. No objections were filed.

Court’s review and ruling

Because no objections were filed, Judge Karas reviewed the recommendation for clear error, meaning an obvious mistake on the face of the record. He found no clear error and adopted the recommendation in its entirety. The court stated that dismissal with prejudice was warranted because Jessamy had failed to attend three conferences and had not advanced the litigation despite being aware of his obligations.

The court granted defendants’ Motion to Dismiss for Failure to Prosecute. It dismissed Jessamy’s claims against the defendants with prejudice, directed the clerk to terminate the motion and close the case, and directed that a copy of the order be mailed to Jessamy.