Hassan v. Captain John Doe

Background

Eslam Hassan brought a lawsuit under 42 U.S.C. § 1983, a federal statute that allows claims for certain civil-rights violations, against Captain John Doe and other defendants. The opinion does not explain the particular conduct underlying Hassan’s claims. The defendants filed a motion to dismiss on March 6, 2020.

Report and Recommendation

Magistrate Judge Ona T. Wang, who was assigned general supervision of the pretrial proceedings, issued a Report and Recommendation on March 1, 2021. She recommended dismissing the case for failure to prosecute, meaning failure to move the lawsuit forward, and recommended denying the defendants’ motion to dismiss as moot because the case would be dismissed on another ground.

The Report and Recommendation gave the parties fourteen days to object and warned that failing to object on time would waive the right to object. No objections were filed, and the objection period expired. The court therefore stated that the parties had waived their right to object to the recommendation or obtain appellate review. Despite that waiver, the court conducted a de novo review, meaning an independent review, of the recommendation.

Ruling

Judge John P. Cronan found the recommendation well reasoned and its conclusions well founded. He adopted the Report and Recommendation in its entirety. The case was dismissed for failure to prosecute, and the defendants’ motion to dismiss was denied as moot. The Clerk was directed to terminate all pending motions, close the case, and mail the order to Hassan at the address listed on the docket and at Blake Avenue Shelter.