Tucker v. City of New York
This text of Tucker v. City of New York (Tucker v. City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------- x : DOUGLAS TUCKER, : : ORDER CLOSING CASE Plaintiff, : -against- : 18 Civ. 10531 (AKH) : CITY OF NEW YORK, et al., : : : Defendants. : : ------------------------------------------------------------- x ALVIN K. HELLERSTEIN, U.S.D.J.: On May 23, 2019, I granted leave for Plaintiff’s counsel to withdraw and granted Plaintiff’s request to stay the case for 60 days to provide Plaintiff an opportunity to retain new counsel. It has now been more than three years and Plaintiff has neither retained new counsel nor filed any item on the docket in furtherance of his case. Accordingly, this case is dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); Merker v. Rice, 649 F.2d 171, 173 (2d Cir.1981). I have considered the factors set forth in Shannon v. GE Co., 186 F.3d 186, 193 (2d Cir.1999) and find that dismissal is warranted. The Clerk shall mark the case closed. SO ORDERED. Dated: June 9, 2022 __/_s/_ A__lv_i_n_ K__. _H_e_l_le_r_s_te_i_n___ New York, New York ALVIN K. HELLERSTEIN United States District Judge
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