Gregory Destine a/k/a/ Mrs. GoGo Destine v. The City of New York

Background

The January 18, 2023, order concerned the handling of an earlier dismissal. The caption identifies Gregory Destine, also described as Mrs. GoGo Destine, as the plaintiff and Romeo Joseph as the defendant. The opinion states that Destine was proceeding without a lawyer.

Earlier recommendation and dismissal

On May 5, 2022, Magistrate Judge Ona T. Wang recommended dismissing the action for failure to prosecute, meaning failure to move the case forward. The recommendation stated that Destine had not filed a requested discovery-relief request by the January 21, 2022 deadline and had rejected mail needed to litigate the case. The court had ordered defense counsel to investigate the delivery of its mailings and to track delivery of the later order requiring Destine to explain why the case should not be dismissed.

No objections to the recommendation were received. On June 14, 2022, Chief District Judge Laura Taylor Swain found no clear error, adopted the recommendation in its entirety, and dismissed the matter without prejudice for failure to prosecute. The opinion does not state that the January 18, 2023, order changed that dismissal.

January 18 order

After the dismissal, Destine mailed multiple letters directly to chambers that were unrelated to the case. Judge Wang reminded Destine that documents should be submitted to the Southern District of New York’s Pro Se Unit rather than to the judges’ chambers. Because earlier mail had been returned as undeliverable, the court attached the May 5 recommendation and the June 14 order adopting it. Judge Wang directed the Clerk of Court to serve the January 18 order on Destine at the updated address on the docket.