France v. Dorch

Background

Cleament France, proceeding without a lawyer, filed a complaint alleging that Police Officers Fred Dorch, Luis Angeles, William Rojas, and the City of New York violated his constitutional rights when they arrested and searched him on October 19, 2017.

The defendants filed an answer denying the allegations. They later moved for summary judgment under Rule 56, which allows a court to resolve a case when the material facts do not require a trial. France did not file an opposition to that motion.

Failure to Prosecute

A magistrate judge ordered France to file his opposition or state that he did not oppose the motion. The order warned that failing to comply could lead to dismissal for failure to prosecute. After France again did not respond, the magistrate judge ordered him to show why the case should not be dismissed. France did not respond to that order either.

The magistrate judge issued a report and recommendation advising that the case be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The recommendation stated that France had taken no action in the case since March 29, 2021, when he notified the court of a change of address. It also considered the burden on the court, possible prejudice to the defendants, and whether a lesser sanction would be effective.

Neither side objected to the report and recommendation. The district court therefore reviewed it for clear error rather than conducting a new review of the disputed issues.

Ruling

Judge Paul G. Gardephe found the report and recommendation well-reasoned and free of clear error. He adopted it in its entirety and dismissed the action without prejudice for failure to prosecute. The Clerk of Court was directed to close the case. The court did not decide the defendants’ summary-judgment motion or the merits of France’s constitutional allegations.