Goodwin v. Kennedy et al

Filing 71

ORDER: SO ORDERED that plaintiff's complaint is dismissed with prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of the Court is directed to close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 5/5/2015. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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SEAN LARRY GOODWIN,

Plaintiff,

ORDER
13-CV-1774 (SJF)(AKT)

-against-

FILED
SUFFOLK COUNTY POLICE DEPARTMENT
P.O. THOMAS KENNEDY #5620,
SUFFOLK COUNTY POLICE DEPARTMENT
DETECTIVE JAMES J. DEMARCO #1397,
Defendants.

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IN CLERK'S OFFICE
U S DISTRICT COURT E 0 N y

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i1AY

os 2015

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LONG ISLJ'~~J OFFICI
'

FEUERSTEIN, J.

By order dated March 26,2015 (the "Order"}, the undersigned ordered prose plaintiff
Sean Larry Goodwin ("plaintiff'') to show cause, by serving and filing an affidavit on or before
April27, 2015, why this action should not be dismissed with prejudice pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure for failure to prosecute based upon plaintiffs failure to
appear at the March 26, 2015 pretrial conference. Plaintiff was advised that failure to file an
affidavit in accordance with the Order would result in this action being dismissed in its entirety
with prejudice pursuant to Rule 41(b} of the Federal Rules of Civil Procedure without further
notice. Defendants served the Order on plaintiff at his most current address on March 27, 2015
and filed proof of such service with the Court. To date, plaintiff has not filed an affidavit in
accordance with the Order nor has plaintiff otherwise communicated with the Court.
Accordingly, plaintiffs complaint is dismissed with prejudice for failure to prosecute
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of the Court is
directed to close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any
appeal from this Order would not be taken in good faith and therefore in forma pauperis status is

denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82
S. Ct. 917, 8 L. Ed. 2d 21 (1962).
SO ORDERED.

sf Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge

Dated: May 5, 2015
Central Islip, New York