Rutherford v. Westchester County et al

Filing 111

CLERK'S JUDGMENT re: 110 Order on Motion to Dismiss/Lack of Prosecution, in favor of Aramark Correctional Services LLC, Correctional Officer Brown, Westchester County, Darnell Flax, Donna Blackman, Eric Middleton, Francis Delgrosso, Hecto r Lopez, James Birrittella, Joseph K. Spano, Karl Vollmer, Manuel Mendoza, Penny Stuart against Rayvon Rutherford. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memo-Endorsed Order dated September 8, 202 1, Application to dismiss this case for failure to prosecute is granted. Mr. Rutherford has not contacted the Court, nor updated his contact information for well over a year. Moreover, Mr. Rutherford ignored the Court's Order to Show Cause, file d in May 2021. While dismissal is an extreme remedy, al the relevant factors justify dismissal in this case for the reasons noted herein and in the Court's May 2021 Order. The case is therefore dismissed without prejudice. (Signed by Clerk of Court Ruby Krajick on 9/9/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)

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Case 7:18-cv-04872-KMK Document 111 Filed 09/09/21 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X RAYVON RUTHERFORD, 18 CIVIL 4872 (KMK) Plaintiff, JUDGMENT -againstWESTCHESTER COUNTY, et al., Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memo-Endorsed Order dated September 8, 2021, Application to dismiss this case for failure to prosecute is granted. Mr. Rutherford has not contacted the Court, nor updated his contact information for well over a year. Moreover, Mr. Rutherford ignored the Court’s Order to Show Cause, filed in May 2021. While dismissal is an extreme remedy, al the relevant factors justify dismissal in tis case for the reasons noted herein and in the Court’s May 2021 Order. The case is therefore dismissed without prejudice. Dated: New York, New York September 9, 2021 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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