Bacon v. Evans

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

RYAN-MYKAL S. BACON,

Plaintiff, No. 20-CV-6337 (KMK) v. OPINION & ORDER JOSHUA EVANS,

Defendant.

KENNETH M. KARAS, United States District Judge: On December 1, 2021, the Court granted Defendant’s Motion To Dismiss. (See Dkt. No. 29.) The Court dismissed Plaintiff’s claims without prejudice and gave Plaintiff 30 days to file an amended complaint addressing the deficiencies identified in the Opinion & Order. (Id.) To date, Plaintiff has not filed an amended complaint. Accordingly, it is hereby: ORDERED that Plaintiff shall show cause, by no later than February 3, 2022, as to why this case should not be dismissed for failure to prosecute. See Armstrong v. Guccione, 470 F.3d 89, 103 n.1 (2d Cir. 2006) (noting that “a federal district court has the inherent power to dismiss a case sua sponte for failure to prosecute” (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630–32 (1962))). The Court may dismiss this case without further notice in the event that good cause is not shown. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at the following address: 318 West Gray Street, #3, Elmira, NY 14901. SO ORDERED.

Dated: January 20, 2022 White Plains, New York

KENNETH M. KARAS United States District Judge