Abdul H. Abdullah v. Sergeant Seyed N. Huda, et al.

Summary

The United States District Court for the Southern District of New York adopted a magistrate judge’s Report and Recommendation without objection. The court granted defendants’ motion to dismiss and dismissed the action without prejudice under Federal Rules of Civil Procedure 41(b) and 37(b)(2) because the pro se plaintiff failed to respond to discovery requests and court orders.

Holdings

1. When no timely objection is filed to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error and may adopt it if no clear error appears on the face of the record.
2. Dismissal without prejudice was warranted under Federal Rules of Civil Procedure 41(b) and 37(b)(2) where Plaintiff failed to respond to discovery and failed to comply with an order compelling discovery after receiving a warning that noncompliance could result in dismissal.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no timely objection was filed.
2. Whether Plaintiff's failure to comply with discovery requests and a court order warranted dismissal without prejudice under Federal Rules of Civil Procedure 41(b) and 37(b)(2).

Disposition

dismissed