Ashley v. City of New York
- Laura Swain
- 1:20-cv-03888
- U.S. District Court · Southern District of New York
- 2
In Ashley v. City of New York, Judge Swain dismissed the case without prejudice for failure to prosecute after adopting an unchallenged recommendation.
Anthony Ashley’s case against the City of New York and the other named defendants was dismissed without prejudice for failure to prosecute.
What happened
In Anthony Ashley v. City of New York, Magistrate Judge Aaron recommended dismissing the case without prejudice because Ashley failed to prosecute it. The district court received no objections to that recommendation.
The district court reviewed the recommendation for clear error and found none. It adopted the recommendation in full and ordered the matter dismissed without prejudice for failure to prosecute.
Judge Laura Taylor Swain ordered the dismissal and directed the Clerk of Court to enter judgment. The order also resolved docket entries 29, 39, 44, and 47.
The detailed version
- Ashley v. City of New York · No. 1:20-cv-03888
- Laura Swain
- June 3, 2021
Background
Magistrate Judge Aaron issued a March 29, 2021, report and recommendation advising the district court to dismiss the case without prejudice for failure to prosecute. The opinion states that no party objected to the recommendation.
Court’s Review
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 filed, the district court reviews the record for clear error. The court reviewed the report and found no clear error.
Ruling
The court adopted the report and recommendation in its entirety and dismissed the matter without prejudice for failure to prosecute. It also stated that the order resolved docket entries 29, 39, 44, and 47, and requested that the Clerk of Court enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.