Henry v. 32-42 Broadway Owner LLC

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT □□□ AY BILED Seen X DATE FILED: 5/22/2024

STEFAN HENRY, Plaintiff, 1:23-cv-2252-GHW -v- ORDER OF DISMISSAL 32-42 BROADWAY OWNER LLC, . Defendant. .

GREGORY H. WOODS, United States District Judge: On May 16, 2024, the Court issued an order to show cause as to why the action should not be dismissed for lack of subject matter jurisdiction, given that no federal claim remains in this action and Plaintiff has not alleged facts showing the Court has diversity jurisdiction. Dkt. No. 67. In a letter response filed on May 22, 2024, Plaintiff concedes that the Court lacks subject matter jurisdiction. Dkt. No. 69. He concedes there is no federal question jurisdiction and “does not dispute that this Court lacks supplemental jurisdiction over plaintiffs state and local claims.” Id. Plaintiff also does not assert that the Court has diversity jurisdiction over this matter. Id. “Tf the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Cry. P. 12(h)). Accordingly, this action 1s dismissed without prejudice for lack of subject matter jurisdiction. See Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999) (“[W]here a court lacks subject matter jurisdiction, it also lacks the power to dismiss with prejudice.”). The Clerk of Court is directed to close the case. SO ORDERED. pace New York, New York choo L2ved_— GREG . WOODS United States District Judge