Wood v. Venettozzi et al
| Johnny E. Wood |
| D. Venettozzi, B. Kelly, G. Shibah, J. Perez, P. Byrd and J. Rodriguez |
| 1:2016cv08142 |
| October 18, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Franklin |
| Kenneth M. Karas |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
93
ORDER OF DISMISSAL: Accordingly, Plaintiff's case is dismissed without prejudice for failure to prosecute. See Savatxath v. City of Binghamton, No. 12-CV-1492, 2013 WL 4805767, at *1 (N.D.N.Y. Sept. 9, 2013) (dismissing case for failure to prosecute after the plaintiff "neglected to comply with an order... requiring him to notify the court... as to why th[e] action should not be dismissed for failure to prosecute"); Djokovic v. U.S. Justice Dep't, No. 07-CV-2608, 2008 WL 3200191, at *12 (E.D.N.Y. Aug. 6, 2008) (dismissing case for, among other reasons, failure to prosecute where the plaintiffs were ordered to submit a letter stating "whether [they] intend[ed] to proceed with th[e] action," but plaint iffs failed to submit such a letter); Lopez v. Catholic Charities of the Archdiocese of N.Y., No. 00-CV-1247, 2001 WL 50896, at *4 (S.D.N.Y. Jan. 22, 2001) (dismissing for failure to prosecute where plaintiff "ceased to prosecute [the] action at all" for three months). SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/21/2021) (va)
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Filing
89
OPINION AND ORDER: For the reasons stated above, Defendants' Motion To Dismiss is granted with respect to the first cause of action, and Defendants' Motion To Transfer Venue is granted with respect to the second cause of action. As this i s the first adjudication of Plaintiffs claims, all claims against Defendants Perez, Byrd, Rodriguez, and Brown are dismissed without prejudice. If Plaintiff wishes to file a fourth amended complaint, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within that amended complaint any changes to correct the deficiencies identified in this Opinion. Plaintiff is advised that the fourth amended complaint will replace, not supplement, all prior complaints. The fourth amended complaint must contain all of the claims, factual allegations, and exhibits that Plaintiff wishes the Court to consider. Plaintiffs claims against Defendants Travis, Vesneske, and Manson are hereby severed and transferred to the Northern District of New York. The Clerk is respectfully directed to terminate the pending Motion, (Dkt. No. 79), to transfer those files related to Plaintiffs claims to the Northern District of New York, and to mail a copy of this Opinion and Ord er to Plaintiff. SO ORDERED. J. Perez, J. Rodriguez, M. Brown and P. Byrd terminated. (Signed by Judge Kenneth M. Karas on 1/31/2020) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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