Ashley v. Gonzalez
- Andrew Carter
- 1:19-cv-06282
- U.S. District Court · Southern District of New York
- 2
In Ashley v. Gonzalez, Judge Carter dismissed the action for failure to prosecute after adopting an unopposed report and recommendation.
Robert Ashley, the self-represented plaintiff, was affected by the dismissal. The defendants, C.O. Gonzalez and C.O. Dincola, were also affected because the case was closed in their favor.
What happened
In Ashley v. Gonzalez, Robert Ashley sued C.O. Gonzalez and C.O. Dincola. The case was referred to Magistrate Judge Ona T. Wang, who recommended dismissal for failure to prosecute.
The parties were notified that they could object to the recommendation, but no objections were filed. The court reviewed the record and found no clear error.
Judge Carter adopted the recommendation in full and dismissed the action for failure to prosecute. He directed the Clerk of Court to enter judgment, terminate the motion at ECF No. 109, close the case, and serve the order on Ashley, who was representing himself.
The detailed version
- Ashley v. Gonzalez · No. 1:19-cv-06282
- Andrew Carter
- Aug. 9, 2022
Background
Robert Ashley brought this action against C.O. Gonzalez and C.O. Dincola. The matter was referred to Magistrate Judge Ona T. Wang for general pretrial matters. The referral was later amended to include the defendants’ motion for summary judgment. The case was reassigned to Judge Andrew L. Carter, Jr. on April 7, 2022.
Report and Recommendation
Magistrate Judge Wang issued a report and recommendation that the action be dismissed for failure to prosecute, meaning that the case should be dismissed because the plaintiff did not move it forward as required. The parties were notified of their right to object, but no objections were filed.
Ruling
Because there were no timely objections, Judge Carter reviewed the record for clear error and found none. He adopted the report and recommendation in its entirety. The court dismissed the action for failure to prosecute. The Clerk of Court was directed to enter judgment, terminate the motion at ECF No. 109, close the case, and serve the order on Ashley, who was representing himself.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.