Kushakow et al v. Town of Hempstead et al

Filing 8

ORDER: SO ORDERED that it appears that plaintiffs have abandoned this action and, accordingly, plaintiffs' complaint is dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of the Cour t shall close this case. Although plaintiffs paid the filing fee to commence this action, should they seek leave to appeal in forma pauperis, 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 plaintiffs. Ordered by Judge Sandra J. Feuerstein on 1/14/2015. (Florio, Lisa)

FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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BRUCE KUSHAKOW, STANLEY KUSHAKOW,
RITA KUSHAKOW,

IN CLERK'S OFFICE
US DISTRICT COURT E D N Y

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cr.1~

14 2015

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LONG ISLAND OFFICE

Plaintiff,
ORDER
14-CV-3798(SJF)

-againstTOWN OF HEMPSTEAD, et al.,
Defendants.

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FEUERSTEIN, District Judge:
On June 18, 2014,pro se plaintiffs Bruce Kushakow, Stanley Kushakow and Rita

Kushakow ("plaintiffs") filed a complaint and paid the filing fee in this action. By Order dated
July 1, 2014, plaintiffs were advised that they were required to serve defendants with the
summonses and complaint by October 16,2014. DE 4. Plaintiffs were also advised that failure
to timely serve defendants, or to show good cause why such service had not been effected, would
result in dismissal of the complaint without prejudice. /d. Plaintiffs were further instructed to
file proof of service with the Court. /d. By letter dated August 26, 2014, Bruce Kushakow and
Rita Kushakow requested an extension of time to complete service. DE 6. By Order dated
September I 0, 2014, the Court extended the deadline to complete service of process to
November 17,2014 and cautioned plaintiffs that no further extensions would be granted. DE 7.
To date, plaintiffs have not filed proof of service, nor have they otherwise communicated
with the Court. Thus, it appears that plaintiffs have abandoned this action and, accordingly,
plaintiffs' complaint is dismissed without prejudice for failure to prosecute pursuant to Federal
Rule of Civil Procedure 41(b). The Clerk of the Court shall close this case.
Although plaintiffs paid the filing fee to commence this action, should they seek leave to

appeal in forma pauperis, 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 (1962).
SO ORDERED.
Dated:

January 14, 2015
Central Islip, New York

s/ Sandra J. Feuerstein
Sandra J. Feuerstein, U.S.D.J.

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