Tawfik v. Georgatos et al

Filing 10

ORDER - Accordingly, it appears that Plaintiff is no longer interested in pursuing this action and the Complaint is thus DISMISSED WITHOUT PREJUDICE for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of the Court t o enter judgment accordingly, mark this case CLOSED, and mail a copy of this Order to the pro se Plaintiff at his last known address. 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. So Ordered by Judge Joanna Seybert on 2/17/2021. C/ECF (Valle, Christine)

Case 2:20-cv-05832-JS-AKT Document 10 Filed 02/17/21 Page 1 of 2 PageID #: 33

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
SALAH H. TAWFIK,
Plaintiff,
ORDER
20-CV-5832(JS)(AKT)

-againstPETER GEORGATOS, ARCHIE GEORGATOS,
and PREMIER DINER,

Defendants.
----------------------------------X
APPEARANCES
For Plaintiff:
Salah H. Tawfik, pro se
134 La Bonne Vie, Apartment C
East Patchogue, New York 11772
For Defendants:

Saul D. Zabell, Esq.
Diana Marie McManus, Esq.
Zabell & Collotta, PC
One Corporate Drive, Suite 103
Bohemia, New York 11716

SEYBERT, District Judge:
On December 8, 2020, the Court entered an Order denying
Plaintiff’s request to proceed in forma pauperis and directing
Plaintiff to remit the $400.00 filing fee within fourteen days.
(Dec. 8, 2020 Order, ECF No. 5.)

In the Order, the Court warned

Plaintiff that “a failure to timely comply . . . will lead to the
dismissal of the Complaint without prejudice and judgment will
enter.”

(Id. at 3.)

Plaintiff did not comply with the December

8, 2020 Order and on January 19, 2021, the Court entered an
Electronic Order granting Plaintiff an additional fourteen days to
remit the filing fee.

(See Jan. 19, 2021 Elec. Order.)

In the

January 19, 2021 Electronic Order, the Court again warned Plaintiff

Case 2:20-cv-05832-JS-AKT Document 10 Filed 02/17/21 Page 2 of 2 PageID #: 34

that a failure to pay the filing fee “will lead to the dismissal
of the Complaint without prejudice and judgment will enter.” (Id.)
On January 20, 2021, Defendants mailed the Electronic Order to
Plaintiff at his address of record.
More

than

fourteen

(Aff. Serv., ECF No. 8.)

days

have

elapsed

since

the

January 19, 2021 Order and Plaintiff has not paid the filing fee
nor has he otherwise communicated with the Court about this case.
Accordingly, it appears that Plaintiff is no longer interested in
pursuing this action and the Complaint is thus DISMISSED WITHOUT
PREJUDICE for failure to prosecute pursuant to Federal Rule of
Civil Procedure 41(b).

The Clerk of the Court to enter judgment

accordingly, mark this case CLOSED, and mail a copy of this Order
to the pro se Plaintiff at his last known address.
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 (1962).
SO ORDERED.
_ /s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated:

February
17 , 2021
Central Islip, New York
2