In Re: Archibald

In Re: Archibald

Case Number:	7:2023cv10462
Filed:	May 9, 2024
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Nature of Suit:	Bankruptcy Appeal (801)
Cause of Action:	28 U.S.C. § 0158 Notice of Appeal re Bankruptcy Matter (BA

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Date Filed	Document Text
May 9, 2024	Filing 5 ORDER OF DISMISSAL... Because Appellant has offered no excuse for his delay and failure to proceedand for the other reasons set forth above-this appeal is dismissed without prejudice pursuant to the Federal Rules of Bankruptcy Procedure and independ ently for failure to prosecute under Rule 41(b). See Koch v. Preuss, No. 19-CV-2830, 2020 WL 1304084, at 34 (S.D.N.Y. Mar. 18, 2020)(dismissing a bankruptcy appeal where the appellant failed to follow the Federal Rules of Bankruptcy Procedure and i ndependently failed to prosecute his appeal); Veeraswamy, 2019 WL 6716714, at 2 (dismissing a bankruptcy appeal for failure to timely file a brief) see also Turk v.Rubbermaid Inc., No. 21-CV-270, 2022 WL 1228196, at 1 (S.D.N.Y. Apr. 26, 2022) (dism issing case where the court had provided the plaintiffs with thirty days to file an amended complaint, but the plaintiffs failed to do so); Herring v. Kiszke, No. 20-CV-8765, 2021 WL 3887614, at 1 (S.D.N.Y. Aug. 31, 2021) (dismissing case for failur e to prosecute where [the] [p]laintiff... failed to comply with [the courts orders] and ha[d] not communicated with the [c]ourt in four months); In re 199 E. 7th St. LLC, 2017 WL 2226592, at 2 (dismissing a bankruptcy appeal for failure to file a de signation of record on appeal); 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 responded to efforts to contact her weighs in favor of dismissal for failure to prose cute); 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 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); 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 plaintiff for nearly two months).The Clerk of Court is respectfully directed to mail a copy of this Order to Appellants address, and to close this case.SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/9/24) (yv)

Date Filed

Document Text

May 9, 2024

Filing 5 ORDER OF DISMISSAL... Because Appellant has offered no excuse for his delay and failure to proceedand for the other reasons set forth above-this appeal is dismissed without prejudice pursuant to the Federal Rules of Bankruptcy Procedure and independ ently for failure to prosecute under Rule 41(b). See Koch v. Preuss, No. 19-CV-2830, 2020 WL 1304084, at *34 (S.D.N.Y. Mar. 18, 2020)(dismissing a bankruptcy appeal where the appellant failed to follow the Federal Rules of Bankruptcy Procedure and i ndependently failed to prosecute his appeal); Veeraswamy, 2019 WL 6716714, at *2 (dismissing a bankruptcy appeal for failure to timely file a brief) see also Turk v.Rubbermaid Inc., No. 21-CV-270, 2022 WL 1228196, at *1 (S.D.N.Y. Apr. 26, 2022) (dism issing case where the court had provided the plaintiffs with thirty days to file an amended complaint, but the plaintiffs failed to do so); Herring v. Kiszke, No. 20-CV-8765, 2021 WL 3887614, at *1 (S.D.N.Y. Aug. 31, 2021) (dismissing case for failur e to prosecute where [the] [p]laintiff... failed to comply with [the courts orders] and ha[d] not communicated with the [c]ourt in four months); In re 199 E. 7th St. LLC, 2017 WL 2226592, at *2 (dismissing a bankruptcy appeal for failure to file a de signation of record on appeal); 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 responded to efforts to contact her weighs in favor of dismissal for failure to prose cute); 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 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); 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 plaintiff for nearly two months).The Clerk of Court is respectfully directed to mail a copy of this Order to Appellants address, and to close this case.SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/9/24) (yv)

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