McAuley v. City of New York

Background

James McAuley, proceeding without a lawyer, filed a complaint against the City of New York alleging false arrest and malicious prosecution. When he filed the complaint, he was incarcerated on Rikers Island and listed the facility as his address.

The court notified McAuley that he had to promptly provide written notice of any address change and warned that the case could be dismissed if he failed to do so. The case was referred to Magistrate Judge Freeman for pretrial matters and recommendations on dispositive motions.

In December 2021, defense counsel informed Judge Freeman that McAuley had been released from custody and that his whereabouts were unknown. Mail sent by the defendant and by the Metropolitan Transportation Authority, identified as an interested party, was returned as undeliverable. The defendant also reported that a public-records search did not produce contact information for McAuley.

Recommendation and Review

On February 22, 2022, Judge Freeman ordered McAuley to explain by March 11 why she should not recommend dismissal without prejudice for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. McAuley did not respond. Judge Freeman then recommended dismissal on March 30, 2022.

The parties had fourteen days to object to the recommendation. Neither party filed objections. Because there were no objections, Judge Caproni reviewed the recommendation for clear error—that is, an obvious mistake visible from the record—and found none.

Ruling

Judge Valerie Caproni adopted the recommendation in full and dismissed McAuley’s complaint without prejudice for failure to prosecute. The court also ruled that the failure to object, after adequate warning, precluded appellate review. It certified that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees. The clerk was directed to terminate open motions and close the case.