Lurch v. The City of New York et al

Filing 60

ORDER: IT IS HEREBY ORDERED that this case is dismissed with prejudice for failure to prosecute under Fed. R. Civ. P. 41(b).The Clerk of Court is respectfully directed to terminate all open motions and to close this case.The Clerk of Court is respect fully requested to mail this order to Plaintiff at the following address: Robert Derek Lurch, Jr., 29-27 40th Rd., Long Island City, New York 11101. Because the Court recently received returned mail using this address, if Plaintiff files an updated address on the docket, the Clerk of Court is respectfully requested to mail a copy of this order to Plaintiff's new address. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/04/2021) (ama) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
ROBERT DEREK LURCH, JR.,
:
:
Plaintiff,
:
:
-against:
:
:
CITY OF NEW YORK; UNKNOWN EMS
:
WORKERS; UNKNOWN NYPD OFFICERS;
:
UNKNOWN ESU WORKERS,
:
Defendants. :
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VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 6/4/2021

19-CV-11254 (VEC)
ORDER

WHEREAS on March 29, 2021, the Court entered an order adopting Magistrate Judge
Wang’s Report and Recommendation granting Defendant City of New York’s motion to dismiss
and dismissing the claims against the individual Defendants (Dkt. 57);
WHEREAS the Court granted Plaintiff leave to amend his complaint to add a claim for a
Fourth Amendment excessive force violation;
WHEREAS the Court ordered Plaintiff to file his amended complaint not later than April
28, 2021;
WHEREAS on May 11, 2021, after Plaintiff failed to file an amended complaint, the
Court ordered Plaintiff to show cause no later than June 1, 2021, why the case should not be
dismissed for failure to prosecute under Fed. R. Civ. P. 41(b) (Dkt. 58); and
WHEREAS as of the date of this Order, Plaintiff has failed to respond to the Court’s
Order to Show Cause;
IT IS HEREBY ORDERED that this case is dismissed with prejudice for failure to
prosecute under Fed. R. Civ. P. 41(b).

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The Clerk of Court is respectfully directed to terminate all open motions and to close this
case.
The Clerk of Court is respectfully requested to mail this order to Plaintiff at the following
address: Robert Derek Lurch, Jr., 29-27 40th Rd., Long Island City, New York 11101. Because
the Court recently received returned mail using this address, if Plaintiff files an updated address
on the docket, the Clerk of Court is respectfully requested to mail a copy of this order to
Plaintiff’s new address.

SO ORDERED.
Date: June 4, 2021
New York, NY

_____________________________
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_________________________________
CAPRONI
N
VALERIE CAPRONI
United States District Judge

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