Murray v. The State of New York

Murray v. The State of New York

Plaintiff:	Jaheim Murray
Defendant:	The State of New York
Case Number:	1:2018cv04705
Filed:	May 29, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Dutchess
Presiding Judge:	Unassigned
Nature of Suit:	Prison Condition
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 3, 2020	Filing 25 ORDER OF DISMISSAL: Accordingly, Plaintiff's case is dismissed without prejudice for failure to prosecute. See, e.g., 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 plain tiff is not exempt from complying with court orders and must diligently prosecute his case"); Capogrosso v. Troyetsky, No. 14-CV-381, 2015 WL 4393330, at 5 (S.D.N.Y. July 17, 2015) (finding the fact that the plaintiff "has not responde d to efforts to contact her" weighs in favor of dismissal for failure to prosecute); 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 plaintif f "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"); Smalls v. Bank of N.Y., Nos. 05-CV-8474, 07-CV-8546, 2008 WL 1883998, at 4 (S.D.N. Y. Apr. 29, 2008) (dismissing case for failure to prosecute where the court received no communication from the plaintiffs for nearly two months). Counsel for Defendant Smythe is directed to mail a copy of this Order to Plaintiff and to certify on the docket that he did so by August 7, 2020. (Signed by Judge Kenneth M. Karas on 8/3/2020) (tro)
March 12, 2020	Filing 12 ORDER: Accordingly, within 45 days of the date of this Order, Plaintiff is directed to seek a default judgment pursuant to Federal Rule of Civil Procedure 55 and Local Civil Rules 55.1 and 55.2. If Plaintiff fails to seek a default judgment, the A ction may be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41 (b). The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. The Clerk of the Court is also directed to mail a copy of this Order to Defendant S. Smythe, Correction Officer at Downstate Correctional Facility, 121 Red Schoolhouse Road, P.O. Box 445, Fishkill, NY 12524. The Clerk of the Court is also directed to mail a copy of this order to the Attorney General of the State of New York at 28 Liberty Street, New York, NY 10005. (Signed by Judge Kenneth M. Karas on 3/12/2020) (rj) Transmission to Docket Assistant Clerk for processing.

Date Filed

Document Text

August 3, 2020

Filing 25 ORDER OF DISMISSAL: Accordingly, Plaintiff's case is dismissed without prejudice for failure to prosecute. See, e.g., 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 plain tiff is not exempt from complying with court orders and must diligently prosecute his case"); Capogrosso v. Troyetsky, No. 14-CV-381, 2015 WL 4393330, at *5 (S.D.N.Y. July 17, 2015) (finding the fact that the plaintiff "has not responde d to efforts to contact her" weighs in favor of dismissal for failure to prosecute); 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 plaintif f "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"); Smalls v. Bank of N.Y., Nos. 05-CV-8474, 07-CV-8546, 2008 WL 1883998, at *4 (S.D.N. Y. Apr. 29, 2008) (dismissing case for failure to prosecute where the court received no communication from the plaintiffs for nearly two months). Counsel for Defendant Smythe is directed to mail a copy of this Order to Plaintiff and to certify on the docket that he did so by August 7, 2020. (Signed by Judge Kenneth M. Karas on 8/3/2020) (tro)

March 12, 2020

Filing 12 ORDER: Accordingly, within 45 days of the date of this Order, Plaintiff is directed to seek a default judgment pursuant to Federal Rule of Civil Procedure 55 and Local Civil Rules 55.1 and 55.2. If Plaintiff fails to seek a default judgment, the A ction may be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41 (b). The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. The Clerk of the Court is also directed to mail a copy of this Order to Defendant S. Smythe, Correction Officer at Downstate Correctional Facility, 121 Red Schoolhouse Road, P.O. Box 445, Fishkill, NY 12524. The Clerk of the Court is also directed to mail a copy of this order to the Attorney General of the State of New York at 28 Liberty Street, New York, NY 10005. (Signed by Judge Kenneth M. Karas on 3/12/2020) (rj) Transmission to Docket Assistant Clerk for processing.

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Plaintiff: Jaheim Murray
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Defendant: The State of New York
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