Bueno v. Buzinover
- Katharine Parker
- 1:22-cv-02216
- U.S. District Court · Southern District of New York
- 2
In Bueno v. Allcity Medical, Judge Clarke adopted the recommendation and dismissed Amada Reynoso for failing to prosecute and follow court orders.
Amada Reynoso was dismissed as a plaintiff from the case. The remaining parties and claims, if any, are not addressed in this order.
What happened
In Rafael Bueno, et al. v. Allcity Medical, P.C., et al., Magistrate Judge Parker recommended dismissing Plaintiff Amada Reynoso from the case because she failed to prosecute it and follow court orders.
The parties were given time to object to the recommendation, but no objections or extension request was filed. The parties therefore waived their right to object or seek appellate review. Even so, the court reviewed the recommendation and found it well reasoned and supported by the facts and law.
Judge Jessica G. L. Clarke adopted the recommendation in its entirety and dismissed Reynoso from the case for failure to prosecute under Federal Rule of Civil Procedure 41(b). The clerk was directed to remove Reynoso as a plaintiff, and Reynoso’s counsel was directed to mail her a copy of the order.
The detailed version
- Bueno v. Buzinover · No. 1:22-cv-02216
- Katharine Parker
- Oct. 5, 2023
Background
This case was referred to Magistrate Judge Katharine Parker for general pretrial matters, among others. Parker issued a Report and Recommendation recommending that Plaintiff Amada Reynoso be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute the case and failure to follow court orders.
Objections and Review
The Report and Recommendation told the parties they had 14 days after service to file objections, or 17 days for a self-represented plaintiff. It also warned that failing to object on time would waive the right to object. No objections were filed, and no party requested more time. The court therefore stated that the parties waived their right to object to the recommendation or obtain appellate review.
The court nevertheless reviewed the petition and the Report and Recommendation without objections. It found the recommendation well reasoned and grounded in fact and law. For recommendations without timely objections, the court explained that it generally reviews the record for clear error; the court also noted the standards governing review of properly made objections.
Ruling
Judge Jessica G. L. Clarke adopted the Report and Recommendation in its entirety. Plaintiff Amada Reynoso was dismissed from the case for failure to prosecute under Rule 41(b). The clerk was directed to remove Reynoso as a plaintiff, and Reynoso’s counsel was directed to mail her a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.