Kruppenbacher v. Griffin et al

Filing 31

ORDER: By Order dated April 7, 2021, the Court ordered that if Plaintiff wished to pursue the case, he had to submit a letter saying so, no later than April 27, 2021, and that failure to do so would result in the dismissal of the complaint under Federal Rule of Civil Procedure 41(b) without prejudice for failure to prosecute. (Doc. 30). The Clerk of Court mailed the Order to Plaintiff the same day. On April 26, 2021, the Clerk of Court reported that the Order had been returned to sender a s Refused Unable To Forward, Refused to sign! RTS Inmate Refused, Refused 3rd Time, Returned Opened. The Court will give Plaintiff one final chance to respond. If the Court does not hear from Plaintiff by May 17, 2021 that he wants to pursue this case, it will be dismissed as described. The Clerk of Court is respectfully directed to send a copy of this Order, and Doc. 30, to Joseph Kruppenbacher, DIN 09-A-2532, Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929. SO ORDERED. (Signed by Judge Cathy Seibel on 4/26/2021) (rro) Transmission to Docket Assistant Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------------x JOSEPH KRUPPENBACHER, Plaintiff, ORDER – against – No. 20-CV-108 (CS) ANTHONY J. ANNUCCI, Acting Commissioner of the New York State Department of Corrections and Community Supervision, et al., Defendants. -------------------------------------------------------------------------x Seibel, J. By Order dated April 7, 2021, the Court ordered that if Plaintiff wished to pursue the case, he had to submit a letter saying so, no later than April 27, 2021, and that failure to do so would result in the dismissal of the complaint under Federal Rule of Civil Procedure 41(b) without prejudice for failure to prosecute. (Doc. 30). The Clerk of Court mailed the Order to Plaintiff the same day. On April 26, 2021, the Clerk of Court reported that the Order had been returned to sender as “Refused Unable To Forward, Refused to sign! RTS Inmate Refused, Refused 3rd Time, Returned Opened.” The Court will give Plaintiff one final chance to respond. If the Court does not hear from Plaintiff by May 17, 2021 that he wants to pursue this case, it will be dismissed as described. The Clerk of Court is respectfully directed to send a copy of this Order, and Doc. 30, to Joseph Kruppenbacher, DIN 09-A-2532, Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929. SO ORDERED. Dated: April 26, 2021 White Plains, New York CATHY SEIBEL, U.S.D.J.

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