Robinson v. Knibbs et al

Filing 87

ORDER: Therefore, this case is dismissed without prejudice for want of prosecution. The Clerk of Court is directed to terminate this action, mail a copy of this order to pro se Plaintiff at the address on ECF, and show service on the docket. (Signed by Judge Nelson Stephen Roman on 10/4/2021) (ate) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
10/04/2021

LOUSHAWN ROBINSON,
Plaintiff,
-against-

16 CV 3826 (NSR)
ORDER

JAKE KNIBBS,
Defendant.
NELSON S. ROMÁN, United States District Judge:
Plaintiff Loushawn Robinson ("Plaintiff') brings this action pro se asserting claims under
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and
the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2401(b), 2671-2680. On June 24,
2019, the Court issued an Opinion and Order granting Defendants’ Motion for Summary
Judgment with regards to Plaintiff's Bivens claims, and granting Plaintiff leave to replead his
FTCA claim by July 26, 2019. (See ECF No. 79.) On July 22, 2019, rather than receive an
amended complaint with the FTCA claim, Plaintiff submitted a document that the Court
identifies as a Notice of Claim and supporting exhibits related to Plaintiffs’ FTCA claim. (See
ECF No. 80.) The Court then granted Plaintiff until August 30, 2019 to adequately plead his
claim and stated “[f]ailure to do may result in dismissal of this case.” (Id.)
On June 21, 2021, the Court issued an Order to Show Cause directing Plaintiff to show
cause in writing on or before July 21, 2021 why his claims against Defendant should not be
dismissed for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). (ECF No.
86.) The Court’s order was mailed to the Plaintiff at the address on the docket. Plaintiff has not
responded to the Order to Show Cause, or communicated with the Court since July of 2019.

Therefore, this case is dismissed without prejudice for want of prosecution. The Clerk of
Court is directed to terminate this action, mail a copy of this order to pro se Plaintiff at the address
on ECF, and show service on the docket.

Dated:

October 4, 2021
White Plains, New York

SO ORDERED:

________________________________
NELSON S. ROMÁN
United States District Judge