Melancon v. New York City Department of Education

S.D. New York

Melancon v. New York City Department of Education

District Court, S.D. New York·Decided October 8, 2021·No. 1:19-cv-10040-MKV·Unknown

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: KODY JOSEPH MELANCON, DATE FILED:_10/8/2021 Plaintiff, 1:19-cv-10040 (MKV) -against- ORDER OF NEW YORK CITY DEPARTMENT OF DISMISSAL EDUCATION, Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Complaint in this action was filed on October 26, 2019 [ECF No. 2]. A summons for Defendant was issued on January 2, 2020, but no proof of service ever has been filed in this case. And, Plaintiff has taken no action to prosecute this case to date. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued for failure to prosecute without costs to any party and without prejudice to restoring the action to this Court’s calendar if the application to restore the action is made by November 8, 2021. If no such application is made by that date, today’s dismissal of the action is with prejudice. See LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)).

SO ORDERED. | i / Lae Date: October 7, 2021 MARY kay vibwodtt New York, NY United States District Judge

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USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: KODY JOSEPH MELANCON, DATE FILED:_10/8/2021 Plaintiff, 1:19-cv-10040 (MKV) -against- ORDER OF NEW YORK CITY DEPARTMENT OF DISMISSAL EDUCATION, Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Complaint in this action was filed on October 26, 2019 [ECF No. 2]. A summons for Defendant was issued on January 2, 2020, but no proof of service ever has been filed in this case. And, Plaintiff has taken no action to prosecute this case to date. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued for failure to prosecute without costs to any party and without prejudice to restoring the action to this Court’s calendar if the application to restore the action is made by November 8, 2021. If no such application is made by that date, today’s dismissal of the action is with prejudice. See LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)).

SO ORDERED. | i / Lae Date: October 7, 2021 MARY kay vibwodtt New York, NY United States District Judge

Melancon v. New York City Department of Education, (S.D.N.Y. 2021).

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