McGarrell v. City of New York
- Analisa Torres
- 1:18-cv-01301
- U.S. District Court · Southern District of New York
- 1
In McGarrell v. City of New York, Judge Torres granted defendants’ Rule 41(b) motion after McGarrell failed to prosecute.
The ruling closed Floyd McGarrell’s case after the court granted the defendants’ Rule 41(b) motion to dismiss for failure to prosecute. The order did not address the merits of McGarrell’s claims.
What happened
In McGarrell v. City of New York, Magistrate Judge Gabriel W. Gorenstein recommended dismissing the case because Floyd McGarrell had not prosecuted it. McGarrell was representing himself, and the recommendation was mailed to him.
McGarrell did not object to the recommendation. Judge Analisa Torres reviewed it for clear error and found none.
Judge Torres adopted the recommendation in full and granted the defendants’ motion to dismiss under Rule 41(b). The clerk was directed to close the case and mail McGarrell a copy of the order.
The detailed version
- McGarrell v. City of New York · No. 1:18-cv-01301
- Analisa Torres
- Aug. 13, 2020
Background
Floyd McGarrell sued the City of New York, Captain Tameka Barton, Captain Chris Lopez, and C.O. Elvis King. McGarrell was representing himself. On June 15, 2020, Magistrate Judge Gabriel W. Gorenstein issued a Report and Recommendation recommending that the action be dismissed because McGarrell had failed to prosecute it. A copy was mailed to McGarrell on June 16, 2020.
Court’s analysis
McGarrell filed no objections to the Report and Recommendation. The court therefore reviewed the recommendation for clear error and found none. The opinion does not describe the underlying claims or decide their merits.
Ruling
Judge Analisa Torres adopted the Report and Recommendation in its entirety. The court granted the defendants’ motion to dismiss under Rule 41(b) of the Federal Rules of Civil Procedure. The clerk was directed to terminate the motion and close the case, and to mail McGarrell a copy of the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.