Taylor v. NYC DOC

Filing 33

ORDER: As of today's date, Plaintiff has not filed any opposition to Defendants motion, replied to the Court's order, or otherwise indicated that he intends to pursue this action. Plaintiff is directed to respond to Defendants' motion to dismiss by December 15, 2023. If he fails to do so, the Court will dismiss this action for failure to prosecute. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED., ( Responses due by 12/15/2023) (Signed by Judge Jennifer L. Rochon on 11/14/2023) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DERRICK DERMONT TAYLOR,
Plaintiff,
-against-

1:22-cv-10214 (JLR) (RWL)

CITY OF NEW YORK and NYC HEALTH +
HOSPITALS,

ORDER

Defendants.

JENNIFER L. ROCHON, United States District Judge:
On July 20, 2023, Defendants filed a motion to dismiss the Complaint pursuant to Federal
Rule of Civil Procedure (“Rule”) 12(b). See ECF No. 24. As Plaintiff did not file any
opposition to the motion, the Court, on September 8, 2023, extended his deadline to respond to
the motion until November 10, 2023. ECF No. 31. The Court warned Plaintiff that, if it did not
receive a response to the motion by that date, “it may deem Defendants’ motion to dismiss
unopposed.” Id. The Court added that Plaintiff’s failure to comply with the Court’s orders and
deadlines “may also result in dismissal of this case for failure to prosecute” pursuant to Rule
41(b). Id. On November 13, 2023, Defendants requested that the Court dismiss the case with
prejudice due to Plaintiff’s failure to oppose their motion to dismiss and his failure to prosecute.
See ECF No. 32.
As of today’s date, Plaintiff has not filed any opposition to Defendants’ motion, replied to
the Court’s order, or otherwise indicated that he intends to pursue this action.
Plaintiff is directed to respond to Defendants’ motion to dismiss by December 15, 2023.
If he fails to do so, the Court will dismiss this action for failure to prosecute. The Clerk of Court
is respectfully directed to mail a copy of this Order to Plaintiff.
SO ORDERED.

Dated: November 14, 2023
New York, New York

JENNIFER L. ROCHON
United States District Judge