Smith v. Department of Corrections

Background

Willie Smith brought this action under 42 U.S.C. § 1983 against the New York City Department of Correction; its Commissioner, Cynthia Brann; “Health Director Commissioner” Patsy Yang; and Board of Correction Executive Director Margaret Egan. Smith alleged that the defendants were violating his federal constitutional rights by failing to protect him from contracting COVID-19.

On February 10, 2021, a magistrate judge granted Smith permission to file a second amended complaint within 60 days. Smith did not file that complaint. The magistrate judge later issued a report recommending that the action be dismissed without prejudice for failure to prosecute. The opinion states that the recommendation was made under Federal Rule of Civil Procedure 14(b). No party objected to the report.

Court’s Analysis

Under federal law and the court rules, a district judge may accept, reject, or modify a magistrate judge’s recommendations. When no objection is filed, the district judge reviews the recommendation for clear error on the record. The opinion also explains that failing to object generally waives the right to appellate review when the report gives that warning.

Because no objections were filed, Judge Ronnie Abrams reviewed the report for clear error. The court found no error and adopted the report in its entirety.

Disposition

The court dismissed Smith’s complaint without prejudice for failure to prosecute. The clerk was directed to terminate the case and mail Smith a copy of the order.