James v. The State University of New York

Background

Jeremy Allan James, proceeding without a lawyer, brought an employment-discrimination action against The State University of New York (SUNY). He alleged that, while enrolled in Stony Brook University’s School of Social Welfare and working as a paid SUNY Research Foundation clinical fellow and intern at WellLife Network Inc., he was subjected to sexual harassment after raising patient-treatment and safety concerns. He also alleged that he was expelled from the School of Social Welfare in retaliation for reporting the alleged harassment and safety issues.

Failure to Prosecute

At a January 10, 2023 case-management conference, Magistrate Judge Katharine H. Parker ordered James to file either an amended complaint or a letter stating that he would rely on his existing complaint by February 9, 2023. James did neither. He also failed to exchange initial disclosures by that deadline.

James later sought the recusal of Judge Parker and Judge Reardon and appealed to the Second Circuit. While pursuing that appeal, he failed to attend case-management conferences, participate in discovery, and oppose SUNY’s motion to dismiss. He repeatedly stated that the district-court proceedings had been stayed, but the Second Circuit, Judge Parker, and Judge Reardon indicated that they had not been stayed. The Second Circuit later dismissed James’s appeal for lack of jurisdiction.

The court had warned James that continued failure to comply with court orders could lead to sanctions, including dismissal with prejudice. He nevertheless continued failing to prosecute the case. Judge Parker’s Report and Recommendation concluded that all five factors relevant to dismissal for failure to prosecute favored dismissal, including James’s failure to follow orders, participate in discovery, and attend conferences, as well as the resulting burden on SUNY and the court.

District Court’s Review and Ruling

No party objected to the Report and Recommendation. Because James had received notice that failing to object would waive further judicial review, the court stated that he had waived that review. Even so, Judge Jennifer H. Reardon reviewed the recommendation and found no clear error. She agreed that James’s wholesale failure to prosecute justified dismissal under Federal Rule of Civil Procedure 41(b) and that no sanction short of dismissal would be effective.

The court adopted the Report and Recommendation in its entirety, dismissed the action with prejudice, and directed the Clerk of Court to close the case and mail James a copy of the order. The court also certified that any appeal would not be taken in good faith and denied James permission to proceed without paying fees for purposes of an appeal.