Colon v. Department of Corrections

Background

Parris Colon brought this action under 42 U.S.C. § 1983, a federal law allowing certain civil-rights claims, alleging violations of his Fourteenth Amendment right to equal protection and his Eighth Amendment right to be free from cruel and unusual punishment. Colon was appearing without a lawyer.

Report and Recommendation

Magistrate Judge Stewart D. Aaron, who was assigned general supervision of pretrial proceedings, recommended that the case be dismissed without prejudice for failure to prosecute. The recommendation advised the parties that they had fourteen days after service to object and warned that failing to object would waive the right to challenge the recommendation.

The recommendation was mailed to Colon’s last known address, but the mailing was returned as undeliverable. The defendants told the court that they knew of no other address for Colon and had repeatedly tried to call him without success. The court said these circumstances supported dismissal for failure to prosecute. No objections were filed before the deadline expired.

Ruling

Despite the lack of objections, the court reviewed the recommendation from the beginning rather than applying only a clear-error review. Judge John P. Cronan found the recommendation well reasoned and its conclusions well founded, adopted it in its entirety, and dismissed the action without prejudice. The Clerk of Court was directed to close the case. The court also stated that the parties had waived the right to object to the recommendation or obtain appellate review by failing to file timely objections.