Milhouse v. Hilton Garden Inn employees
- John Cronan
- 1:22-cv-02934
- U.S. District Court · Southern District of New York
- 1
In MuhammedMilhouse v. City of New York, Judge Cronan dismissed the case without prejudice for failure to prosecute and denied fee-free appeal status.
MuhammedMilhouse’s case was dismissed without prejudice for failure to prosecute, the related case was also entered as a judgment, both cases were closed, and fee-free status for an appeal was denied.
What happened
MuhammedMilhouse sued the City of New York and other defendants in the Southern District of New York. The judgment states that the court adopted a report and recommendation in full.
The court dismissed the case without prejudice because of failure to prosecute, meaning the case was dismissed because the plaintiff did not pursue it. The judgment also entered judgment in a related case and closed both cases.
Judge Cronan’s court denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith. The judgment is dated August 24, 2023.
The detailed version
- Milhouse v. Hilton Garden Inn employees · No. 1:22-cv-02934
- John Cronan
- Aug. 24, 2023
Background
MuhammedMilhouse brought this case against the City of New York and other defendants. The judgment refers to an order dated August 24, 2023, in which the court adopted a report and recommendation in its entirety.
Ruling
The court dismissed the case without prejudice for failure to prosecute. A dismissal without prejudice does not itself bar refiling, although the judgment does not explain the specific conduct underlying the failure-to-prosecute ruling.
The judgment also states that judgment was entered in this case and in a related case, Milhouse v. New York City (DHS) Homeless Program Project et al., No. 22 Civ. 2940 (JPC)(BCM) (S.D.N.Y.), and that both cases were closed.
Appeal Status
Judge Cronan’s court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal. The judgment was entered by the clerk of court on August 24, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.