Grogan v. New York University
- Laura Swain
- 1:20-cv-03345
- U.S. District Court · Southern District of New York
- 2
In Grogan v. New York University, Judge Swain dismissed the action without prejudice for failure to prosecute after adopting a magistrate judge’s recommendation.
Jared J. Grogan’s action was dismissed without prejudice, and the case was closed; the opinion does not describe any separate relief affecting New York University or NYU in Abu Dhabi Corporation.
What happened
In Grogan v. New York University, Magistrate Judge Wang recommended dismissing Jared J. Grogan’s complaint because he had not properly moved the case forward under the court rules. No party objected to that recommendation.
The court reviewed the recommendation for obvious error and found none. It adopted the recommendation in full and directed the Clerk of Court to close the case.
Judge Laura Taylor Swain dismissed Grogan’s action without prejudice for failure to prosecute. The order states that a copy would be mailed to Grogan.
The detailed version
- Grogan v. New York University · No. 1:20-cv-03345
- Laura Swain
- Apr. 14, 2021
Background
Magistrate Judge Wang issued a March 24, 2021, Report and Recommendation advising the court to dismiss Jared J. Grogan’s complaint without prejudice for failure to prosecute under Federal Rules of Civil Procedure 4(m) and 41(b). The opinion states that no party filed objections.
Court’s review
When no timely objection is filed to a magistrate judge’s report and recommendation, the district court reviews the record for clear error—an obvious mistake on the face of the record. The court found no error in Magistrate Judge Wang’s report.
Ruling
Judge Laura Taylor Swain adopted the report in its entirety. The court dismissed Grogan’s action without prejudice and directed the Clerk of Court to close the case. The court also stated that Chambers would mail a copy of the order to Grogan.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.