Phipps v. City of New York

S.D. New York

Phipps v. City of New York

District Court, S.D. New York·Decided April 3, 2020·No. 1:17-cv-06603·Unknown

Opinion

USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 4/3/2020 DANNY PHIPPS, Plaintiff, 17-CV-6603 (ALC) -against- ORDER OF DISMISSAL CITY OF NEW YORK, ET AL., Defendants.

ANDREW L. CARTER, JR., United States District Judge: On January 21, 2020, the Court ordered Plaintiff to show cause why this action should not be dismissed without prejudice for failure to prosecute. ECF No. 139. Plaintiff was ordered to make such a showing by February 7, 2020 and was advised that failure to make this showing “will result in a dismissal of this case without prejudice for failure to prosecute.” Jd. To date, Plaintiff has not responded. Accordingly, this case is dismissed without prejudice for failure to prosecute pursuant to FED. R. Clv. P. 41(b). See LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (“[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiffs case sua sponte for failure to prosecute... .”).

SO ORDERED. Dated: April 3, 2020 New York, New York (is ANDREW L. CARTER, JR. United States District Judge

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USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 4/3/2020 DANNY PHIPPS, Plaintiff, 17-CV-6603 (ALC) -against- ORDER OF DISMISSAL CITY OF NEW YORK, ET AL., Defendants.

ANDREW L. CARTER, JR., United States District Judge: On January 21, 2020, the Court ordered Plaintiff to show cause why this action should not be dismissed without prejudice for failure to prosecute. ECF No. 139. Plaintiff was ordered to make such a showing by February 7, 2020 and was advised that failure to make this showing “will result in a dismissal of this case without prejudice for failure to prosecute.” Jd. To date, Plaintiff has not responded. Accordingly, this case is dismissed without prejudice for failure to prosecute pursuant to FED. R. Clv. P. 41(b). See LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (“[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiffs case sua sponte for failure to prosecute... .”).

SO ORDERED. Dated: April 3, 2020 New York, New York (is ANDREW L. CARTER, JR. United States District Judge

Phipps v. City of New York, (S.D.N.Y. 2020).

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