Emery Mukendi Wafwana & Associates, P.C. v. Mengara
- Valerie Caproni
- 1:20-cv-09788
- U.S. District Court · Southern District of New York
- 1
In Emery Mukendi Wafwana & Associates, P.C. v. Mengara, Judge Caproni dismissed the case without prejudice and denied permission to appeal without paying fees.
The plaintiffs, defendants, and defendant intervenor in the case were affected; the plaintiffs were unable to proceed in this action after the case was dismissed without prejudice.
What happened
In Emery Mukendi Wafwana & Associates, P.C. v. Mengara, the court adopted the magistrate judge’s report and recommendation in full and granted the defendants’ motion to dismiss.
The case was dismissed without prejudice. The court also said that the parties’ failure to object to the report prevented appellate review, and it certified that any appeal would not be taken in good faith.
Judge Caproni therefore denied permission to proceed without paying filing fees for an appeal. The judgment does not explain the underlying claims or the reasons for dismissal beyond referring to an earlier order.
The detailed version
- Emery Mukendi Wafwana & Associates, P.C. v. Mengara · No. 1:20-cv-09788
- Valerie Caproni
- July 5, 2022
Background
The plaintiffs were Emery Mukendi Wafwana & Associates, P.C., and Moise Kapanda Mukendi, as executor for the Estate of Emery Mukendi Wafwana. The defendants were Daniel Mengara, Elite Law Firm, SCP, and Eugenie Elanga Monkango. Emery Mukendi Wafwana & SCP was identified as a defendant intervenor. The judgment does not describe the underlying claims.
Ruling
The court stated that, for the reasons in its June 30, 2022 Order, it adopted the report and recommendation in full and granted the defendants’ motion to dismiss. The case was dismissed without prejudice.
The judgment also stated that the report and recommendation gave the parties adequate warning about the consequences of failing to object. Because no timely objection was made, the court concluded that appellate review of the decision was precluded. It certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for the appeal.
Effect
The judgment ended the case at the district-court level through a dismissal without prejudice. The opinion text provided does not state the specific basis for the dismissal or otherwise address the merits of the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.