Tutora v. Correct Care Solution et al
| Jeremy L. Tutora |
| Correct Care Solution and Feldman |
| 1:2017cv09169 |
| November 21, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
42
ORDER OF DISMISSAL: Accordingly, this Action is dismissed without prejudice for failure to prosecute. See Osborn v. City of New York, No. 15-CV-9730, 2018 WL 2059944, at *3 (S.D.N.Y. Apr. 6, 2018)(dismissing case where the plaintiff had "gon e incommunicado...for at least five months, a duration of sufficient significance so as to tip in favor of dismissal as a matter of law"), adopted by 2018 WL 2059842 (S.D.N.Y. May 1, 2018), appeal dismissed No. 18-1639, 2019 WL 2369924 (2d Ci r. Jan. 16, 2019); Mena v. City of New York, No. 15-CV-3707, 2017 WL 6398728, at *2 (S.D.N.Y. Dec. 14, 2017) (noting that "a pro se plaintiff is not exempt from complying with court orders and must diligently prosecute his case"). The Clerk of Court is directed to mail a copy of this Order to Plaintiff and to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/11/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
37
OPINION AND ORDER: For the reasons stated above, Defendants' Motion To Dismiss is granted. Because this is the first adjudication of Plaintiff's claims, dismissal is without prejudice. If Plaintiff wishes to file an amended complaint, P laintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within that amended complaint all changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is a dvised that the amended complaint will replace, not supplement, the instant Complaint. The amended complaint must contain all of the claims and factual allegations that Plaintiff wishes the Court to consider. If Plaintiff fails to abide by the 30-day deadline, his claims may be dismissed with prejudice. The Clerk is respectfully directed to terminate the pending Motion, (see Dkt. No. 27), and to mail a copy of this Opinion and Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/27/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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