Minima v. N.Y.C. Department of Homesless Services et al
| Oju S. Minima |
| N.Y.C. Department of Homesless Services and Corporation Counsel of City of New York |
| 1:2009cv01027 |
| February 5, 2009 |
| US District Court for the Southern District of New York |
| Civil Rights: Jobs Office |
| Queens |
| Unassigned |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
17
MEMORANDUM OPINION AND ORDER: #98472 The Court appropriately dismissed this action without prejudice after the plaintiff failed to appear for conferences,including after the Court warned the plaintiff that failure to appear would result in dismissal of the action for failure to prosecute. Moreover, after being advised of the Court's inclination to dismiss the action without prejudice, the plaintiff did not indicate any desire to pursue the action inthis Court but requested a transfer of the action to state court, which this Court lacks the power to do. The plaintiff has failed to present any fact or law that the Court overlooked such that reconsideration or rehearing would be warranted, and the plaintiff's motion for reconsiderati on is also plainlyuntimely. Moreover, the plaintiff has failed to establish any basis for relief from judgment under Rule 60(b) and has failed to show "exceptional circumstances" sufficient for such relief. For the reasons stated above, the plaintiff's application is denied. (Signed by Judge John G. Koeltl on 1/18/10) (db) Modified on 1/21/2010 (ajc).
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Filing
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MEMORANDUM OPINION AND ORDER:#97940 This action is dismissed without prejudice for failure to prosecute, for the reasons explained in the Court's July 30 and July 10 Orders and at the July 30 conference. It is clear that the plaintiff does not w ish to continue the action in this Court. Indeed the plaintiff seeks to have the Court transfer this action to state court which the Court cannot do because this action did not originate in state court. The only issue is whether the dismissal should be with prejudice as the defendants request. The defendants' application to dismiss this action is granted, except that the dismissal is without prejudice. The Clerk is directed to dismiss this action without prejudice and to close this case. (Signed by Judge John G. Koeltl on 8/17/2009) (jfe) Modified on 8/24/2009 (eef).
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