McDonald v. City of New York
- Laura Swain
- 1:20-cv-03889
- U.S. District Court · Southern District of New York
- 2
In McDonald v. City of New York, Judge Swain dismissed the case without prejudice for failure to prosecute after adopting an unobjected-to recommendation.
Anthony McDonald and the City of New York and other defendants; the case was dismissed without prejudice for failure to prosecute.
What happened
In McDonald v. City of New York, Magistrate Judge Aaron recommended dismissing the case without prejudice because of failure to prosecute. The opinion does not provide further details about the underlying claims.
No one objected to the recommendation. The court reviewed it for clear error and found none.
Judge Laura Taylor Swain adopted the recommendation in full and dismissed the case without prejudice for failure to prosecute. The order also resolved four docket entries and directed the Clerk of Court to enter judgment.
The detailed version
- McDonald v. City of New York · No. 1:20-cv-03889
- Laura Swain
- June 3, 2021
Background
Anthony McDonald sued the City of New York and other defendants. Magistrate Judge Aaron issued a March 9, 2021, Report and Recommendation recommending that the case be dismissed without prejudice for failure to prosecute. The opinion does not describe the underlying claims or the conduct supporting that recommendation.
Review of the Recommendation
No objections were filed. Under the applicable federal statute, the district court could accept, reject, or modify the magistrate judge’s recommendation. Because there were no timely objections, the court reviewed the record for clear error. The court stated that it had carefully reviewed the recommendation 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. The order resolved docket entries 26, 37, 42, and 45, and requested that the Clerk of Court enter judgment. The order did not decide the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.