Mann v. New York County
- Valerie Caproni
- 1:19-cv-08009
- U.S. District Court · Southern District of New York
- 2
In Mann v. City of New York, Judge Caproni dismissed the case for failure to prosecute and denied permission to appeal without paying fees.
Jabari Mann's case against the City of New York was dismissed, and his request to appeal without paying filing fees was denied.
What happened
In Jabari Mann v. City of New York, Mann, who was representing himself, filed a complaint. The City later moved to dismiss the complaint or, alternatively, for summary judgment.
Mann did not respond to the City’s motion, an order requiring him to explain why the case should continue, or the magistrate judge’s recommendation that the case be dismissed. The court therefore considered his failure to participate in the case.
Judge Valerie Caproni dismissed the case for failure to prosecute under Federal Rule of Civil Procedure 41(b). She also ruled that Mann’s failure to object to the recommendation prevented appellate review and denied permission to appeal without paying filing fees.
The detailed version
- Mann v. New York County · No. 1:19-cv-08009
- Valerie Caproni
- Dec. 28, 2020
Background
Jabari Mann filed a complaint while representing himself. The court referred the case to Magistrate Judge Freeman for general pretrial matters and dispositive motions. The City of New York moved to dismiss the complaint or, alternatively, for summary judgment.
Failure to Respond
Magistrate Judge Freeman directed Mann to oppose the City’s motion to dismiss by October 16, 2020. Mann did not oppose the motion or otherwise respond. The City then moved to dismiss the case for failure to prosecute under Federal Rule of Civil Procedure 41(b), which permits dismissal when a plaintiff does not pursue the case.
Magistrate Judge Freeman ordered Mann to show cause by November 13, 2020, why the case should not be dismissed for failure to prosecute. Mann did not respond to that order. The City renewed its motion, and Magistrate Judge Freeman issued a report and recommendation recommending dismissal. Mann did not object to or otherwise respond to that recommendation.
Ruling
Judge Valerie Caproni ordered that the case be dismissed for failure to prosecute under Rule 41(b). The court stated that the report and recommendation gave Mann adequate warning, and that his failure to object prevented appellate review of the decision. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying appellate filing fees. The Clerk of Court was directed to close open motions, terminate the case, and mail Mann a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.