Taylor v. Sposato

Filing 8

ORDER - Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be t aken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is directed to close this case and to mail a copy of this Order to the pro se Plaintiff at his last known address. So Ordered by Judge Joanna Seybert on 1/7/2016. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
MICHAEL TAYLOR,
Plaintiff,

ORDER
15-CV-3656(JS)(SIL)

-againstMICHAEL SPOSATO,

Defendant.
----------------------------------X
APPEARANCES:
For Plaintiff:
Michael Taylor, pro se
83316053
MDC-Brooklyn
P.O. Box 329002
Brooklyn, New York 11232
For Defendant:

No appearance.

SEYBERT, District Judge:
Pro se plaintiff Michael Taylor (“Plaintiff”), filed an
in forma pauperis Complaint in this Court on June 15, 2015 pursuant
to 42 U.S.C. § 1983.

By Memorandum and Order dated September 22,

2015 (the “M&O”), Plaintiff’s application to proceed in forma
pauperis was GRANTED, and his Complaint was DISMISSED WITHOUT
PREJUDICE and with leave to file an Amended Complaint within thirty
(30) days from the date of the M&O.

Plaintiff was cautioned that

his failure to timely file an Amended Complaint would lead to the
dismissal of the Complaint with prejudice. On October 7, 2015, the
M&O

was

returned

to

the

Court

marked

“Return

to

Sender/Not

Deliverable as Addressed/Unable to Forward.” (Docket Entry 5.)

To

date, Plaintiff has not updated his address, filed an Amended
Complaint, or otherwise communicated with the Court.

Accordingly, it appears that Plaintiff has abandoned this
case.
for

Plaintiff’s Complaint is thus DISMISSED WITHOUT PREJUDICE

failure

to

prosecute

pursuant

to

Federal

Rule

of

Civil

Procedure 41(b).1
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).
The Clerk of the Court is directed to close this case and
to mail a copy of this Order to the pro se Plaintiff at his last
known address.

SO ORDERED.

/s/ JOANNA SEYBERT
JOANNA SEYBERT, U.S.D.J.
Dated:

1

January
7 , 2016
Central Islip, New York

Although Plaintiff was warned that his Complaint would be
dismissed with prejudice, given the fact that he did not receive
that Order, the Court finds that dismissal without prejudice is
warranted.