Searles v. Metropolitan Correctional Center

Opinion

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 7/26/20 21 ------------------------------------------------------------ X JARED SEARLES, : : Plaintiff, : : 21-CV-5395 (VEC) -against- : : ORDER METROPOLITAN CORRECTIONAL CENTER : AND FEDERAL BUREAU OF PRISONS, : : Defendants. : ------------------------------------------------------------ X VALERIE CAPRONI, United States District Judge: WHEREAS on June 18, 2021, Plaintiff filed a complaint asserting claims pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), 2671 et seq., see Dkt. 1; WHEREAS on June 28, 2021, the Court ordered that, not later than July 6, 2021, Plaintiff amend his complaint to substitute the United States of America as a Defendant in this action, see Dkt. 2; see also Saar v. U.S. Dep’t of Just., 705 F. Supp. 999, 1003–04 (S.D.N.Y. 1989) (citing Myers & Myers Inc. v. U.S. Postal Serv., 527 F.2d 1252, 1256 (2d Cir. 1975)) (“Under the FTCA, sovereign immunity is only waived where the United States is named as a party.”); WHEREAS Plaintiff failed to amend his complaint in compliance with the Court’s order by the July 6, 2021 deadline; and WHEREAS on July 12, 2021, the Court ordered Plaintiff to show cause by July 23, 2021, why this case should not be dismissed with prejudice for failure to prosecute under Fed. R. Civ. P.41(b), see Dkt. 3; and WHEREAS as of the date of this Order, Plaintiff has not responded to the Court’s order to show cause; IT IS HEREBY ORDERED that this case is dismissed with prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). The Clerk of Court is respectfully directed to terminate all open motions and to close this case.

SO ORDERED. : A - \in Qe Loy Date: July 26, 2021 VALERIE CAPRON New York, NY United States District Judge