Minus v. New York City Police Department

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX OMAR MINUS, : Plaintiff, : : 17-CV-4623 (JMF) -v- : : ORDER OFFICER BRIAN BENVENUTO and OFFICER : JOSPEH TENNARIELLO, : Defendants. : □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ K JESSE M. FURMAN, United States District Judge: Plaintiff failed to appear at trial this morning at 9:30 a.m. Plaintiff had been repeatedly warned, including in person at the final pretrial conference on February 8, 2022, that “if he fails to appear for trial..., his remaining claim wi// be dismissed for failure to prosecute and/or as abandoned.” ECF No. 160 (emphasis added). Accordingly, and for the reasons stated on the record, the case is dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. See, e.g., Lewis v. Rawson, 564 F.3d 569, 580 (2d Cir. 2009) (“Tt is beyond dispute under our precedent that a district court may dismiss a case under Rule 41(b) when the plaintiff refuses to go forward with a properly scheduled trial.” (internal quotation marks omitted)). The Clerk of Court is directed close this case, to enter judgment in favor of Defendants, and to mail a copy of this Order to Plaintiff.

SO ORDERED. Dated: February 10, 2022 New York, New York JESSEWM-FURMAN nited States District Judge