Minus v. New York City Police Department et al

Filing 171

CLERK'S JUDGMENT re: 170 Order of Dismissal in favor of Brian Benvenuto, Joseph Tennaviello against Omar Minus. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 10, 2022, Pl aintiff failed to appear at trial this morning at 9:30 a.m. Plaintiff had been repeatedly warned, including in person at the final pretrial conference on February 8, 2022, that "if he fails to appear for trial, his remaining claim will be dis missed for failure to prosecute and/or as abandoned." Accordingly, and for the reasons stated on the record, the case is dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. See, e.g., Lewis v. Ra wson, 564 F.3d 569, 580 (2d Cir. 2009) ("It is beyond dispute under our precedent that a district court may dismiss a case under Rule 41(b) when the plaintiff refuses to go forward with a properly scheduled trial." Judgment is entered in favor of Defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/10/2022) (Attachments: # 1 Right to Appeal) (km)

Case 1:17-cv-04623-JMF Document 171 Filed 02/10/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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OMAR MINUS,
-against-

Plaintiff,

17 CIVIL 4623 (JMF)

JUDGMENT

OFFICER BRIAN BENVENUTO and OFFICER
JOSPEH TENNARIELLO,

Defendants.
-----------------------------------------------------------X
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated February 10, 2022, Plaintiff failed to appear at trial this morning
at 9:30 a.m. Plaintiff had been repeatedly warned, including in person at the final pretrial
conference on February 8, 2022, that "if he fails to appear for trial, his remaining claim will be
dismissed for failure to prosecute and/or as abandoned." Accordingly, and for the reasons stated
on the record, the case is dismissed pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure for failure to prosecute. See, e.g., Lewis v. Rawson, 564 F.3d 569, 580 (2d Cir. 2009)
("It is beyond dispute under our precedent that a district court may dismiss a case under Rule
41(b) when the plaintiff refuses to go forward with a properly scheduled trial." Judgment is
entered in favor of Defendants; accordingly, the case is closed.
Dated: New York, New York
February 10, 2022

BY:

RUBY J. KRAJICK
_________________________
Clerk of Court
_________________________
Deputy Clerk