Milhouse v. Hilton Garden Inn employees

Background

Muhammad E. Milhouse alleged that employees of the New York City Department of Homeless Services assaulted him while he was staying at a Hilton Garden Inn in Manhattan. He also filed a related action under a separate docket number, No. 22 Civ. 2940 (JPC) (BCM). The opinion states that the related action had previously been kept open for administrative purposes.

Report and Recommendation

Magistrate Judge Barbara C. Moses, who was handling general supervision of pretrial proceedings and dispositive motions, recommended that the Court dismiss this case without prejudice for failure to prosecute. She also recommended closing the related action. The Report and Recommendation advised the parties that they had fourteen days to object and warned that failing to object would waive the right to object.

No objections were filed before the deadline. The Court therefore stated that the parties had waived the right to object to the recommendation or obtain appellate review. Even so, the Court conducted a de novo review, meaning an independent review, and found the recommendation well reasoned and its conclusions well founded.

Ruling

Judge John P. Cronan adopted the Report and Recommendation in its entirety and dismissed this case without prejudice for failure to prosecute. The Clerk of Court was directed to enter judgment in this case and the related case and to close both cases. The Court also ordered that the Order be entered in the related case.

The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying the filing fees for that appeal.