Icangelo v. DeMarco et al

Filing 24

ORDER DISMISSING CASE: SO ORDERED that the complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to close this case. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 9/11/2013. (Florio, Lisa)

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FILED IN ClERil"S "'Oi'AC£~C U S DISTRICT COURT E 0 M 'f UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------)( SELWYN ICANGELO, * S£P 11 Z013 * LONG ISLAND OFPtCI Plaintiff, ORDER 12-CV-4822 (SJF)(ARL) -againstVINCENT F. DEMARCO, eta!., Defendants. --------------------------------------------------------------)( FEUERSTEIN, J. On September 24,2012, prose plaintiff Selwyn Icangelo ("plaintiff') commenced this action alleging, inter alia, that his constitutional rights were violated by the serving of food at Suffolk County Correctional Facility that fails to "meet the proper 'standards' ofHalal (Righteous or Islamic Standard and Conditions)." [Docket Entry No. 1]. On December 28, 2012, Magistrate Judge Arlene R. Lindsay entered an order directing plaintiff"to prepare a written narrative statement of the facts plaintiff currently anticipates presenting at trial" and to "send a copy of this statement to counsel for defendants and file a copy with the Court ... by February II, 2013." [Docket Entry No. 14]. To date, plaintiff has not filed a narrative statement as directed. On July 9, 2013, the Court issued an order directing plaintiff to show cause why the complaint should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41 (b) by filing written objections with this Court no later than Friday August 9, 2013 at 5:00p.m. [Docket Entry No. 22]. The Court warned plaintiff that if no objections are filed, the case will be dismissed with prejudice. Id. To date, plaintiff has failed to file a narrative statement as required by Magistrate Judge Lindsay's order dated February II, 2013 or an objection in response to the Court's order to show cause dated July 9, 2013. Therefore, the complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to close this case. SO ORDERED. s/ Sandra J. Feuerstein Sa'iidra J. F euerst!bln United States District Judge Dated: September 11, 2013 Central Islip, New York 2

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