Covial v. Francillion

S.D. New York

Covial v. Francillion

DecidedMay 5, 2025

Docket1:24-cv-04817

StatusUnknown

This text of Covial v. Francillion (Covial v. Francillion) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Covial v. Francillion, (S.D.N.Y. 2025).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRANDON A. COVIAL, Plaintiff, 24 Civ. 4817 (PAE) ~ ORDER OF DISMISSAL MARVIN FRANCILLON e¢ ai., Defendants. PAUL A. ENGELMAYER, United States District Judge: On April 24, 2024, plaintiff filed the complaint in this case. Dkt. 1. On June 25, 2024, the Court issued a standing order, directing plaintiff, proceeding pro se, to inform the court of each change in his address or electronic contact information. Dkt. 6. The Court has received notice from the United States Postal Service that several docket filings mailed to plaintiff have been returned unopened and unclaimed. See Dkt. entries dated 12/2/24, 12/6/24, 2/5/25. On January 22, 2025, Magistrate Judge Willis, to whom this case was referred for general pretrial supervision, ordered plaintiff to file a letter updating or correcting his address and to separately execute a Criminal Procedure Law§ 160.50 release by February 21, 2025. Dkt. 26. On March 31, 2025, the Court issued an order to show cause why this action should not be dismissed for failure to comply with the orders, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Dkt. 28. On April 1, 2024, service of process was executed on plaintiff, See Dkt. entry dated 4/1/25. To date, plaintiff has failed to comply with the Court’s standing order keeping it apprised of any new contact information, Judge Willis’s order directing plaintiff to update his address and execute the Criminal Procedure Law § 160.50 release, and the Court’s March 31, 2025 order to show cause. Plaintiff has not otherwise taken any action to make any progress in this case since the Court’s order to show cause.

Accordingly, under Federal Rule of Civil Procedure 41(b) and the Court’s inherent power, see Link v. Wabash R.R. Co., 370 U.S. 626, 630-32 (1962), the Court hereby dismisses this case, without prejudice, for the plaintiff's failure to prosecute. The Clerk of Court is respectfully directed to close this case and to mail this order to Plaintiff.

SO ORDERED. Dated: May 5, 2025 fg { fy New York, New York Mannd ph | ~ Ae [ bo PAUL A. ENGELMAYER United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRANDON A. COVIAL, Plaintiff, 24 Civ. 4817 (PAE) ~ ORDER OF DISMISSAL MARVIN FRANCILLON e¢ ai., Defendants. PAUL A. ENGELMAYER, United States District Judge: On April 24, 2024, plaintiff filed the complaint in this case. Dkt. 1. On June 25, 2024, the Court issued a standing order, directing plaintiff, proceeding pro se, to inform the court of each change in his address or electronic contact information. Dkt. 6. The Court has received notice from the United States Postal Service that several docket filings mailed to plaintiff have been returned unopened and unclaimed. See Dkt. entries dated 12/2/24, 12/6/24, 2/5/25. On January 22, 2025, Magistrate Judge Willis, to whom this case was referred for general pretrial supervision, ordered plaintiff to file a letter updating or correcting his address and to separately execute a Criminal Procedure Law§ 160.50 release by February 21, 2025. Dkt. 26. On March 31, 2025, the Court issued an order to show cause why this action should not be dismissed for failure to comply with the orders, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Dkt. 28. On April 1, 2024, service of process was executed on plaintiff, See Dkt. entry dated 4/1/25. To date, plaintiff has failed to comply with the Court’s standing order keeping it apprised of any new contact information, Judge Willis’s order directing plaintiff to update his address and execute the Criminal Procedure Law § 160.50 release, and the Court’s March 31, 2025 order to show cause. Plaintiff has not otherwise taken any action to make any progress in this case since the Court’s order to show cause.

Accordingly, under Federal Rule of Civil Procedure 41(b) and the Court’s inherent power, see Link v. Wabash R.R. Co., 370 U.S. 626, 630-32 (1962), the Court hereby dismisses this case, without prejudice, for the plaintiff's failure to prosecute. The Clerk of Court is respectfully directed to close this case and to mail this order to Plaintiff.

SO ORDERED. Dated: May 5, 2025 fg { fy New York, New York Mannd ph | ~ Ae [ bo PAUL A. ENGELMAYER United States District Judge

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