Ketter v. The United States of America
- Vyskocil
- 1:18-cv-08574
- U.S. District Court · Southern District of New York
- 1
In Ketter v. United States, Judge Vyskocil dismissed the pro se medical-injury case with prejudice for failure to prosecute.
Brenda Zimmerman Ketter and the defendants, including the United States of America.
What happened
Ketter v. The United States of America involved Brenda Zimmerman Ketter’s claims that the defendants were responsible for injuries from a medical procedure. She brought the case without a lawyer.
A magistrate judge recommended dismissing the case because Ketter had failed to prosecute it, meaning she had not moved the case forward. Neither party objected to that recommendation.
Judge Mary Kay Vyskocil adopted the recommendation in full and dismissed the case with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The detailed version
- Ketter v. The United States of America · No. 1:18-cv-08574
- Vyskocil
- July 7, 2021
Background
Brenda Zimmerman Ketter, proceeding without a lawyer, filed this action in September 2018. She alleged that the defendants were liable for injuries she suffered as a result of a medical procedure. The caption identifies the United States of America and other defendants.
Recommendation
On July 1, 2021, Magistrate Judge Gorenstein issued a Report and Recommendation recommending dismissal under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The opinion states that neither party filed objections. When timely objections are not filed, the district court may adopt the recommendation if there is no clear error on the face of the record.
Ruling
Judge Mary Kay Vyskocil agreed with Magistrate Judge Gorenstein’s analysis and adopted the Report and Recommendation in its entirety. The court dismissed the case, with prejudice, for failure to prosecute under Rule 41(b). The opinion refers to the recommendation as dated July 1, 2021 earlier in the text but says July 1, 2020 in the adoption sentence.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.