Carrasquillo v. Brann
1:20-cv-07778
S.D.N.Y.
Dec 2, 2024
Check Treatment
Docket
Opinion Summary

Facts

  1. The United States District Court ordered Plaintiff Jacob Carrasquillo to show cause why his action should not be dismissed for failure to prosecute by August 12, 2024 [lines="13-14"].
  2. Plaintiff failed to comply with the Court's order and did not make the required showing [lines="19"].
  3. The case was subject to dismissal under Federal Rule of Civil Procedure 41(b) for failure to prosecute [lines="21-22"].
  4. The Court referenced a precedent which affirms its authority to dismiss cases sua sponte for failure to prosecute [lines="28-29"].
  5. The dismissal was formalized in an order dated December 2, 2024 [lines="32-34"].

Issues

  1. Whether the Court was justified in dismissing the case without prejudice for failure to prosecute [lines="23-24"].

Holdings

  1. The Court dismissed the case without prejudice for failure to prosecute, as Plaintiff did not respond to the order or provide sufficient justification [lines="21-22"].

OPINION

Case Information

*1 Case 1:20-cv-07778-ALC Document 24 Filed 12/02/24 Page 1 of 1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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JACOB CARRASQUILLO, : : Plaintiff, 1:20-cv-07778 (ALC) : : -against- ORDER : CYNTHIA BRANN, :

:

Defendant. :

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ANDREW L. CARTER, JR., United States District Judge:

On July 29, 2024, the Court ordered Plaintiff to show cause by August 12, 2024 as to why this action should not be dismissed without prejudice for failure to prosecute the case pursuant to Fed. R. Civ. P. 41(b). ECF No. 23. Such showing was not made. Accordingly, this case is dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See LeSane v. Hall's Sec. Analyst, Inc. , 239 F.3d 206, 209 (2d Cir. 2001) (“[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute . . .”).

SO ORDERED.

Dated : December 2, 2024

New York, New York

ANDREW L. CARTER, JR. United States District Judge 1