Lyons v. Clinton, et al

Filing 22

DECISION AND ORDER granting Court's 19 Motion to Dismiss. Signed by Senior Judge Thomas J. McAvoy on 7/8/11. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
WILLIAM E. LYONS,
Plaintiff,
-v-

Civ. No. 1:10-CV-215
(TJM/RFT)

JOHN DOE, et al.,
Defendants.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
By Decision and Order dated March 15, 2011, Plaintiff was
ORDERED to submit a status report to Magistrate Judge Treece within
thirty (30) days of the date of [the March 15, 2011] Decision and Order.
The status report will inform the Court as to the steps PLAINTIFF has taken
to identify the “John Doe” defendants. Failure to comply with this Order may
result in the dismissal of the action for failure to prosecute.
March 15, 2011 Dec. & Ord., dkt. # 18 (emphasis in original).
Plaintiff failed to obey this order. Furthermore, on June 6, 2011 the Court placed
this matter on the Court’s dismissal calendar and mailed notice to Plaintiff at the address
he last provided to the Court. Dkt. # 19. That notice was returned as “undeliverable” with
an indication from the United States Postal Service of a forwarding address in
Sacramento, California. Dkt. # 20. The Court Clerk’s Office sent the dismissal motion
notice to the Sacramento address, and this was returned as “undeliverable” with no
forwarding information. Dkt. # 21.
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There is no indication that Plaintiff did not receive the March 15, 2011 Decision and
Order. Based on Plaintiff’s failure to comply the March 15, 2011 Decision and Order, and
based on his failure to apprize the Court of a proper mailing address for the delivery of
court documents and orders (as required of all litigants), it is hereby
ORDERED that the Court’s motion [dkt. # 19] is GRANTED and the instant action is
DISMISSED without prejudice for failure to prosecute.
IT IS SO ORDERED
DATED: July 8, 2011

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