Toussaint v. Metropolitan Hospital

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FRITZ GERALD TOUSSAINT, Plaintiff, 22-cv-2689 (ALC) -against- Order of Dismissal PATROLMAN RIVERA and NYC HEALTH + HOSPITALS, Defendants. ANDREW L. CARTER, JR., United States District Judge: On October 6, 2022, the Court ordered Plaintiff to show cause by November 7, 2022 as to why this action should not be dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). (ECF No. 8.) To date, Plaintiff has not responded to the Court’s order and has failed to update his address. Accordingly, this case is dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. 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 plaintiff's case sua sponte for failure to prosecute . . .”).

SO ORDERED. [Arad Dated: May 22, 2023 New York, New York ANDREW L. CARTER, JR. United States District Judge