Gregory Destine a/k/a/ Mrs. GoGo Destine v. The City of New York
- Laura Swain
- 1:20-cv-00082
- U.S. District Court · Southern District of New York
- 2
Gregory Destine v. Romeo Joseph: Judge Swain dismissed the case without prejudice for failure to prosecute after adopting Magistrate Judge Wang’s recommendation.
Gregory Destine, the plaintiff, whose case was dismissed without prejudice for failure to prosecute.
What happened
In Gregory Destine v. Romeo Joseph, Magistrate Judge Wang recommended dismissing the case because the plaintiff had failed to move it forward. The district court received no objections to that recommendation.
The court reviewed the recommendation for clear error and found none. It adopted the recommendation in full. The order also states that the plaintiff had not updated the court’s mailing address or contacted the court since late 2021.
Judge Laura Taylor Swain dismissed the case without prejudice for failure to prosecute and directed the clerk to enter judgment. The court mailed the order to the plaintiff at three correctional facilities.
The detailed version
- Gregory Destine a/k/a/ Mrs. GoGo Destine v. The City of New York · No. 1:20-cv-00082
- Laura Swain
- June 14, 2022
Background
Gregory Destine brought this case against Romeo Joseph. The opinion states that Magistrate Judge Wang issued a May 5, 2022, report and recommendation advising the district court to dismiss the case for failure to prosecute, meaning the plaintiff had not taken the steps needed to move the case forward. The opinion also states that the plaintiff had not updated the court with a current mailing address or otherwise contacted the court since late 2021.
Review of the Recommendation
No objections were filed. When no objections are made, the district court reviews the recommendation for clear error on the record. The court reviewed Magistrate Judge Wang’s recommendation and found no clear error.
Ruling
Judge Laura Taylor Swain adopted the report and recommendation in its entirety and dismissed the matter without prejudice for failure to prosecute. The order directed the clerk to enter judgment and stated that a copy would be mailed to the pro se plaintiff. The opinion does not decide the underlying merits of the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.