Evans v. New York City Health And Hospitals Corporation

S.D. New York

Evans v. New York City Health And Hospitals Corporation

District Court, S.D. New York·Decided April 11, 2022·No. 1:21-cv-10378·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

PAULINE EVANS, Plaintiff, 21 Civ. 10378 (PAE) -v- ORDER OF DISMISSAL NEW YORK CITY HEALTH AND HOSPITALS CORP. NEW YORK CITY HEALTH AND HOSPITALS CORP. LINCOLN, Defendants.

PAUL A. ENGELMAYER, District Judge: On December 6, 2021, pro se plaintiff filed the complaint in this action, Dkt. 1, On March 6, 2022, service of process on defendants was due. See Fed. R. Civ. P. 4(m). On March 23, 2022, the Court issued an order to show cause why, by April 6, 2022, this action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. Dkt. 3. Plaintiff has not taken this step or 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 vy. Wabash RR. 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. SO ORDERED. Fl A Chyphoyr PAUL A. ENGELMAYER United States District Judge

Dated: April 11, 2022 New York, New York

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

PAULINE EVANS, Plaintiff, 21 Civ. 10378 (PAE) -v- ORDER OF DISMISSAL NEW YORK CITY HEALTH AND HOSPITALS CORP. NEW YORK CITY HEALTH AND HOSPITALS CORP. LINCOLN, Defendants.

PAUL A. ENGELMAYER, District Judge: On December 6, 2021, pro se plaintiff filed the complaint in this action, Dkt. 1, On March 6, 2022, service of process on defendants was due. See Fed. R. Civ. P. 4(m). On March 23, 2022, the Court issued an order to show cause why, by April 6, 2022, this action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. Dkt. 3. Plaintiff has not taken this step or 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 vy. Wabash RR. 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. SO ORDERED. Fl A Chyphoyr PAUL A. ENGELMAYER United States District Judge

Dated: April 11, 2022 New York, New York

Evans v. New York City Health And Hospitals Corporation, (S.D.N.Y. 2022).

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