Mallgren v. New York City et al
Filing
5
ORDER OF DISMISSAL: Accordingly, the complaint is dismissed for failure to state a claim upon which relief may be granted. See Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988) (stating that when a complaint does not comply with the requirement s of Rule 8, "the court has the power, on its own initiative to dismiss the complaint"). The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. The Clerk of Court is also directed to mail a copy of this Order to Plaintiff. (Signed by Judge Katherine Polk Failla on 1/28/2025) (rro)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANTHONY BRIAN MALLGREN,
Plaintiff,
-v.NEW YORK CITY, NEW YORK STATE,
UNITED STATES OF AMERICA, BRITISH
CONSULATE GENERAL, CONSULATE
GENERAL OF ITALY, CONSULATE
GENERAL OF SWITZERLAND,
CONSULATE GENERAL OF FRANCE,
24 Civ. 7441 (KPF)
ORDER OF DISMISSAL
Defendant.
KATHERINE POLK FAILLA, District Judge:
The Plaintiff, who is appearing pro se, brings this action alleging a range
of claims against Defendants, including some related to his employment with
the City of New York, a period of unemployment, and various asylum
applications filed in the United Kingdom, Italy, Switzerland, and France. (Dkt.
#1, 3). 1
By order dated October 28, 2024, the Court directed Plaintiff to file an
amended complaint on or before January 3, 2025. (Dkt. #4). That order
specified that failure to comply would result in dismissal of the complaint for
failure to state a claim upon which relief may be granted, because the
complaint does not meet the requirements of Rule 8 of the Federal Rules of
Civil Procedure. (Id. at 2, 4). Over three weeks have passed since that
1
Plaintiff filed a complaint on September 29, 2024, and then, without leave of this Court,
filed an amended complaint on October 7, 2024. (Dkt. #1, 3). The Court considered the
two filings as one consolidated complaint.
deadline, and Plaintiff has not filed an amended complaint. Accordingly, the
complaint is dismissed for failure to state a claim upon which relief may be
granted. See Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988) (stating that
when a complaint does not comply with the requirements of Rule 8, “the court
has the power, on its own initiative … to dismiss the complaint”).
The Clerk of Court is directed to terminate all pending motions, adjourn
all remaining dates, and close this case. The Clerk of Court is also directed to
mail a copy of this Order to Plaintiff.
SO ORDERED.
Dated: January 28, 2025
New York, New York
KATHERINE POLK FAILLA
United States District Judge
2
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