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Paredes v. Frisbee

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


May 20, 2009

JULIO PAREDES, PLAINTIFF,
v.
C.O. FRISBEE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

In accordance with 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct all further proceedings in this case, including entry of final judgment. Dkt. #42.

On June 28, 2007, the Court updated plaintiff's address from the Clinton Correctional Facility to a residence in Brooklyn, New York.

By Notice of Motion filed July 17, 2007, defendants moved for summary judgment. Dkt. #46. Defendants advised plaintiff of his obligation to oppose the motion, as required by Irby v. New York City Transit Authority, 262 F.3d 412 (2d Cir. 2001). Dkt. #46.

Plaintiff moved for appointment of counsel on August 3, 2007.*fn1 Dkt. #51. The Court denied plaintiff's motion for appointment of counsel and directed plaintiff to respond to the motion for summary judgment no later than November 7, 2008. Dkt. #52. Plaintiff has not responded.

As a result, the Court directed plaintiff to either respond to the motion for summary judgment or show cause, in writing received by the undersigned at 416 U.S. Courthouse, Buffalo, New York no later than May 8, 2009, why this matter should not be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).*fn2 Dkt. #53. Plaintiff was warned that failure to comply with that Order would result in the dismissal of this action with prejudice. Dkt. #53.

As plaintiff has not complied with this Order and has had no communication with the Court in more than a year-and-a-half, the Court finds that plaintiff has failed to prosecute his claim. Therefore, it is hereby ORDERED that this action be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b). The Clerk of the Court is directed to take the necessary steps to close this case.

SO ORDERED.


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