Haslinger v. Westchester County et al
||Kenneth K. Haslinger
||Westchester County, Aramark Correctional Services, LLC, Manva Mendoza and Darrell Flax
||June 14, 2018
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|January 7, 2022
ORDER: As the Court warned in its October 4, 2021 Order, pursuant to Federal Rules of Civil Procedure Rule 41(b), the Court dismisses Plaintiff's action without prejudice. The Clerk of the Court is respectfully directed to close the case. T he Clerk of Court is also directed to mail a copy of this Order to pro se Plaintiff at his address listed on ECF and to show service on the docket. (Signed by Judge Nelson Stephen Roman on 1/7/2022) (ate) Transmission to Docket Assistant Clerk for processing.
|October 4, 2021
ORDER TO SHOW CAUSE terminating 48 Motion to Dismiss. Accordingly, it is hereby ORDERED that Plaintiff show cause in writing on or before November 5, 2021, why this action should not be dismissed without prejudice for want of prosecution pursuant t o Fed R. Civ. P. 41(b). Failure to comply with this Courts present order will result in dismissal of this case for want of prosecution. Separately, in light of this Order to Show Cause, the Court denies the motion at ECF No. 48 as moot. To the extent that Plaintiff responds to the Order to Show Cause, Defendants Westchester County, Law Librarian K. Hewitt, and Westchester County DOC Commissioner Spano will be granted leave to refile their motion to dismiss and the Court will establish a briefing schedule for Plaintiff to respond. The Clerk of the Court is directed to terminate the Motion at ECF No. 48. The Clerk of the Court is further directed to mail a copy of this Order to Plaintiff at his address on the docket and show proof of service on the docket. The Clerk of the Court is also directed to mail a copy of this Order to the following address and show proof of service on the docket: Kenneth K. Haslinger, Plaintiff, Pro Se c/o Jessica Cooper, 181 Forest Avenue, Yonkers, NY 10705. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/4/2021) (mml) Transmission to Docket Assistant Clerk for processing.
|September 9, 2020
OPINION & ORDER re: 34 FIRST MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim. filed by Aramark Correctional Services, LLC, Manual Mendoza, Darrell Flax. For the foregoing reasons, the Aramark Defendant s motion to dismiss the Complaint is GRANTED, and the Complaint is dismissed as against the Aramark Defendants without prejudice. Plaintiff shall be granted leave to file an Amended Complaint addressing the deficiencies identified herein upon this Court's disposition of a second motion to dismiss the Complaint currently due to be filed by the State Defendants on November 10, 2020. The Court shall provide the parties with deadlines for the Amended Complaint and responsive pleadings in a subsequent Order disposing of the State Defendants' motion. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 34. The Clerk is also respectfully directed to mail a copy of this Opinion and Order to Plaintiff at the address listed on ECF and to file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/9/2020) (ks) Transmission to Docket Assistant Clerk for processing.
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