Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Jacobs v. Peed

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


September 4, 2008

ALONZO JACOBS, PLAINTIFF,
v.
J. PEED, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Plaintiff, Alonzo Jacobs, filed the instant complaint, pro se, against various officers and officials of the New York State Department of Corrections. The complaint was filed at a time when plaintiff was in the custody of the Department of Corrections.

Because plaintiff had taken no action to prosecute this case for four years, the Clerk issued an Order to Show Cause to plaintiff as to why the case should not be dismissed for failure to prosecute. Plaintiff did respond by letter dated August 24, 2008 (Dkt. #4).

I have reviewed Jacobs' response to the Order to Show Cause, and I find it insufficient to justify the extraordinary delay that has occurred in this case. Plaintiff is now released from custody but has taken no action to properly serve the defendants or otherwise litigate this case. Furthermore, it does not appear that plaintiff has made any attempts to keep the Court advised of his current address. Plaintiff has failed to provide any justifiable reason for not proceeding. If he was truly interested in this case, he would have taken steps at some time during the past four years to prosecute this action.

CONCLUSION

Plaintiff's complaint is dismissed with prejudice for failure to prosecute.

IT IS SO ORDERED.

Rochester, New York

20080904

© 1992-2008 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.