Traore v. Lewis-Robinson
- Andrew Carter
- 1:19-cv-06284
- U.S. District Court · Southern District of New York
- 2
In Traore v. Lewis-Robinson, Judge Carter dismissed the case without prejudice for failure to prosecute after adopting the magistrate judge’s recommendation.
Abdoulaye Traore’s case was dismissed without prejudice for failure to prosecute. The defendants, Joan Lewis-Robinson and the other named defendants, were affected by the closure of the case.
What happened
In Traore v. Lewis-Robinson, the court considered a recommendation to dismiss the case because Abdoulaye Traore had stopped participating. The case had been referred to Magistrate Judge Sarah L. Cave for settlement.
The defendants repeatedly tried to contact Traore, and Judge Cave made several efforts to warn him that the case could be dismissed. Traore did not respond, did not explain why the case should remain open, and did not object to the recommendation.
Judge Andrew L. Carter, Jr. found no obvious error in the record, adopted the recommendation in full, and dismissed the case without prejudice for failure to prosecute. The clerk was directed to close the case and mail the order to Traore.
The detailed version
- Traore v. Lewis-Robinson · No. 1:19-cv-06284
- Andrew Carter
- Jan. 3, 2022
Background
On August 13, 2020, the case was referred to Magistrate Judge Sarah L. Cave for settlement. The opinion states that Abdoulaye Traore then stopped responding despite numerous attempts by the defendants to contact him and several efforts by Judge Cave to warn him that dismissal for failure to prosecute was possible.
Report and Recommendation
Judge Cave issued a Report and Recommendation recommending dismissal under Rule 41(b) of the Federal Rules of Civil Procedure. Traore did not respond, did not show why the case should remain pending, and did not file objections after being notified of his right to do so. He also did not request additional time to object during the nearly six-month period described by the court.
Ruling
Judge Andrew L. Carter, Jr. reviewed the record for clear error because no objections had been filed and found none. The court adopted Judge Cave’s Report and Recommendation in full. It dismissed the case without prejudice for failure to prosecute, directed the clerk to close the case, and directed the clerk to mail a copy of the order to Traore and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.