Hassan v. Agard
- Valerie Caproni
- 1:19-cv-05764
- U.S. District Court · Southern District of New York
- 2
In Hassan v. Agard, Judge Caproni dismissed the case without prejudice for failure to prosecute and denied permission to appeal without paying fees.
The plaintiff, Eslam Hassan, whose case was dismissed without prejudice; the defendants were affected by the closure of the case.
What happened
In Hassan v. Agard, the court considered the plaintiff’s failure to participate in the case. The plaintiff did not respond to an order requiring an explanation for that failure, did not respond to defense counsel, and had not otherwise participated for five months.
A magistrate judge recommended dismissing the case without prejudice. The plaintiff filed no objections, and the district court found no clear error in the recommendation.
Judge Valerie Caproni adopted the recommendation in full and directed the Clerk of Court to dismiss the case without prejudice and close it. The court also denied permission to appeal without paying filing fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Hassan v. Agard · No. 1:19-cv-05764
- Valerie Caproni
- Aug. 24, 2020
Background
The district court had referred the case to Magistrate Judge Freeman. Judge Freeman later ordered the plaintiff to show why the case should not be dismissed without prejudice for failure to prosecute, meaning failure to pursue the litigation. The plaintiff did not respond to that order, continued not to respond to defense counsel, and otherwise failed to participate in the case for five months.
Magistrate Judge’s Recommendation
Judge Freeman issued a Report and Recommendation recommending dismissal without prejudice. The plaintiff did not object to the recommendation. The district court explained that, when no objection is made, it reviews the recommendation for clear error on the face of the record.
Ruling
The court reviewed the recommendation and found no clear error. Judge Valerie Caproni therefore adopted the Report and Recommendation in its entirety and ordered the Clerk of Court to dismiss the case without prejudice and close the case on the docket.
The court also stated that the plaintiff’s failure to object, after receiving adequate warning, precluded appellate review of the decision. Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal would not be taken in good faith and denied permission to proceed without paying the appeal-related filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.