Smith v. Westchester County et al

Case Number:	7:2019cv03605
Filed:	September 7, 2021
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Nature of Suit:	Prisoner: Prison Condition
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

Available Case Documents

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Date Filed	Document Text
September 7, 2021	Filing 34 ORDER: On July 7, 2021, the Court issued an opinion and order granting Defendants' motion to dismiss and granting Plaintiff leave to file an amended complaint on or before August 6, 2021, noting that "[i]f Plaintiff fails to file an Amende d Complaint by August 6, 2021 and he cannot show good cause to excuse such a failure, the claims dismissed without prejudice by this Order will be deemed dismissed with prejudice, and the case will be closed." (ECF No. 32.) That day, the Clerk o f Court mailed the Court's opinion and order to Plaintiff at the address on ECF. Plaintiff has not filed an amended complaint or otherwise communicated with the Court. Therefore, the claims previously dismissed without prejudice are dismissed wi th prejudice. The Clerk of Court is directed to mail a copy of this order to pro se Plaintiff at the address on ECF, show service on the docket, terminate the motion at ECF No. 33, and terminate this case. SO ORDERED., Motions terminated: 33 M OTION to Dismiss for Lack of Prosecution pursuant to F.R.C.P. 41(b). filed by Aramark Correctional Services LLC, Westchester County, Joseph K. Spano, Manual Mendoza. (Signed by Judge Nelson Stephen Roman on 9/7/2021) (rj) Transmission to Docket Assistant Clerk for processing.

Date Filed

Document Text

September 7, 2021

Filing 34 ORDER: On July 7, 2021, the Court issued an opinion and order granting Defendants' motion to dismiss and granting Plaintiff leave to file an amended complaint on or before August 6, 2021, noting that "[i]f Plaintiff fails to file an Amende d Complaint by August 6, 2021 and he cannot show good cause to excuse such a failure, the claims dismissed without prejudice by this Order will be deemed dismissed with prejudice, and the case will be closed." (ECF No. 32.) That day, the Clerk o f Court mailed the Court's opinion and order to Plaintiff at the address on ECF. Plaintiff has not filed an amended complaint or otherwise communicated with the Court. Therefore, the claims previously dismissed without prejudice are dismissed wi th prejudice. The Clerk of Court is directed to mail a copy of this order to pro se Plaintiff at the address on ECF, show service on the docket, terminate the motion at ECF No. 33, and terminate this case. SO ORDERED., Motions terminated: 33 M OTION to Dismiss for Lack of Prosecution pursuant to F.R.C.P. 41(b). filed by Aramark Correctional Services LLC, Westchester County, Joseph K. Spano, Manual Mendoza. (Signed by Judge Nelson Stephen Roman on 9/7/2021) (rj) Transmission to Docket Assistant Clerk for processing.

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