Gibson v. The State of New York
- Gregory Woods
- 1:21-cv-04251
- U.S. District Court · Southern District of New York
- 2
In Gibson v. New York, Judge Woods dismissed the action without prejudice after adopting a recommendation based on failure to prosecute and failure to follow court orders.
The dismissal ended Gibson’s action at the district court, without prejudice, and the case was closed. The opinion does not describe the underlying claims.
What happened
In Gibson v. The State of New York, the case was brought by Tyriek Gibson against the State of New York and other listed defendants. The opinion does not describe the underlying claims.
A magistrate judge recommended dismissing the case because Gibson had not pursued it and had not followed court orders. No one filed an objection within the required fourteen-day period.
Judge Gregory H. Woods found no clear error, adopted the recommendation in full, and dismissed the action without prejudice. The clerk was directed to mail the order to Gibson and close the case.
The detailed version
- Gibson v. The State of New York · No. 1:21-cv-04251
- Gregory Woods
- Aug. 18, 2022
Background
The opinion concerns an action brought by Tyriek Gibson against The State of New York, The Department of Correction, Captain Robinson, Captain Reyes, C.O. Lopez, and Department of Correction Supervisors. The opinion does not describe the underlying claims.
Report and Recommendation
On August 3, 2022, Magistrate Judge Moses issued a Report and Recommendation recommending that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b). The recommendation was based on Gibson’s failure to prosecute the case and failure to comply with court orders.
Review and Ruling
The parties had fourteen days to submit specific written objections. No objection was submitted within that period. The court therefore reviewed the recommendation for clear error, found none, and accepted and adopted it in its entirety. The action was dismissed without prejudice. The clerk was directed to mail a copy of the order to Gibson and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.