Stone Jr. v. The State of New York et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
ROBERT S. STONE, Jr.,
Plaintiff,
-against-
THE STATE OF NEW YORK, et al.,
Defendants.
Sua Sponte REPORT AND
RECOMMENDATION
24-CV-7600
TISCIONE, United States Magistrate Judge:
On November 30, 2024, Robert Stone (“Plaintiff”) filed a 306-page complaint against
New York, New Jersey, Pennsylvania, Michigan, and President Donald Trump. See ECF No. 1.
The largely incoherent complaint alleges generally that Covid era policies led to the death of
nursing home residents. Id. ¶ 1. On January 27, 2025, Plaintiff filed a 296-page amended
complaint removing all Defendants except for the State of New York and the New York
Commissioner of Transportation. See ECF No. 7.
On February 14, 2025, New York requested an extension to file an answer. See ECF No.
11. Within the request, New York notified this Court that Plaintiff failed to properly serve the
Commissioner of Transportation. Id. On February 19, 2025, this Court issued an order deferring
on the motion and informing the parties the extension would be granted if no opposition was
filed by February 24, 2025. See February 19, 2025, Order. Plaintiff failed to oppose the motion
and on February 25, 2025, this Court issued an order granting New York’s request. See February
25, 2025, Order.
On November 3, 2025, this Court held a telephone conference. See November 20, 2025,
Scheduling Order. Plaintiff failed to appear. See ECF No. 15. This Court further noted:
Given Plaintiff’s lack of action in over 8 months, the Court will
give Plaintiff one last opportunity to participate in this case.
Plaintiff is ordered to properly serve the Commissioner of
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Transportation and file proof of service on the docket no later than
December 19, 2025. Failure to comply with this Order will result
in this Court recommending that the case be dismissed for failure
to prosecute.
To date, Plaintiff has failed to comply with that order and has remained inactive in the
case. “It is, of course, well established that dismissal pursuant to Fed.R.Civ.P. 41(b) for lack of
prosecution or for failure to comply with an order of the court is a matter committed to the
discretion of the district court[.]” Harding v. Fed. Rsrv. Bank of New York, 707 F.2d 46, 50 (2d
Cir. 1983).
CONCLUSION
Accordingly, this Court respectfully recommends the District Court DISMISS this case for
failure to prosecute and failure to comply with Court orders.
OBJECTIONS TO THIS REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b)(2) of the Federal Rules of Civil
Procedure, 	the 	parties 	shall 	have 	fourteen 	(14) 	days 	from 	service 	of 	this 	Report 	and
Recommendation to file written objections. 	Failure to file timely objections shall constitute a
waiver of those objections both in the District Court and on later appeal to the United States
Court of Appeals. See Marcella v. Cap. Dist. Physicians’ Health Plan, Inc., 293 F.3d 42, 46 (2d
Cir. 2002); Small v. Sec’y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989); see also
Thomas v. Arn, 474 U.S. 140 (1985).
SO ORDERED.
/s/
Steven Tiscione
United States Magistrate Judge
Eastern District of New York
Dated: Central Islip, New York
January 12, 2026
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