Ruiz v. Westchester County DOC et al
| Jordan I. Ruiz |
| Westchester County DOC, Lopez and Monteloen |
| 1:2018cv07007 |
| August 2, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
45
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 pr osecute 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 W L 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 plain tiffs 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). The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/19/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
43
OPINION AND ORDER re: 31 MOTION to Dismiss the Second Amended Complaint filed by Westchester County, Danny Lopez, Scott Monteleon. For the reasons above, Defendants' Motion To Dismiss the SAC is granted. Plaintiff is given on e final opportunity to amend his pleading, addressing the issues raised in this Opinion & Order. If Plaintiff wishes to file a third amended complaint, Plaintiff must do so in 30 days. Plaintiff is advised that the newest complaint would replace, n ot supplement, his previous complaints. The third amended complaint must contain all of the claims, defendants, factual allegations, and exhibits that Plaintiff wishes the Court to consider. If Plaintiff fails to timely file a third amended compla int, his claims may be dismissed with prejudice. The Clerk of Court is respectfully requested to terminate the pending Motion, (see Dkt. No. 31), and to mail a copy of this Opinion & Order to Plaintiff. (As further set forth in this Order.) (Signed by Judge Kenneth M. Karas on 7/28/2020) (cf) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
28
ORDER: Accordingly, Defendants are now ordered to explain to the Court how they intend to proceed, namely, whether they intend to withdraw the pending Motion To Dismiss and respond to the newly filed Second Amended Complaint instead. Defendants are instructed to file a letter with the Court indicating their position and proposal by January 3, 2020. The Clerk of Court is respectfully requested to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/18/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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