Wilder v. City of New York
- Laura Swain
- 1:20-cv-03887
- U.S. District Court · Southern District of New York
- 2
In Wilder v. City of New York, Judge Swain dismissed the case without prejudice for failure to prosecute after adopting a magistrate judge’s recommendation.
Alfred Wilder, whose case against the City of New York and other defendants was dismissed without prejudice for failure to prosecute.
What happened
Alfred Wilder sued the City of New York and other defendants. A magistrate judge recommended dismissing the case without prejudice because Wilder had failed to prosecute it, and no one objected to that recommendation.
The district court reviewed the recommendation under a clear-error standard because no timely objection had been filed. The court found no clear error in the magistrate judge’s report.
Judge Swain adopted the report in its entirety and dismissed the case without prejudice for failure to prosecute. The order also resolved three docket entries and directed the clerk to enter judgment.
The detailed version
- Wilder v. City of New York · No. 1:20-cv-03887
- Laura Swain
- June 3, 2021
Background
Alfred Wilder brought this case against the City of New York and other defendants. Magistrate Judge Aaron issued a May 17, 2021, report and recommendation concluding that the case should be dismissed without prejudice for failure to prosecute. The opinion states that no objections were received.
Review of the Recommendation
Under 28 U.S.C. § 636(b)(1)(C), a district court may accept, reject, or modify a magistrate judge’s findings or recommendations. When no timely objection is made, the district court reviews the record for clear error, meaning an obvious mistake.
The court carefully reviewed Magistrate Judge Aaron’s report and found no clear error. It adopted the report in its entirety for the reasons stated in that report.
Ruling
The court dismissed the matter without prejudice for failure to prosecute. The order resolved docket entries 27, 38, and 43 and requested that the clerk enter judgment. The opinion did not decide the underlying merits of Wilder’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.