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Renatta Ward v. Michael Sposato

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 24, 2011

RENATTA WARD, PLAINTIFF,
v.
MICHAEL SPOSATO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Seybert, District Judge:

MEMORANDUM & ORDER

On February 7, 2011, Magistrate Judge A. Kathleen Tomlinson issued a thoughtful and well-reasoned Report and Recommendation ("R&R") recommending that Plaintiff Renatta Ward's ("Plaintiff") suit against Defendants be dismissed for failure to prosecute. The R&R details the relevant facts, which the Court will not repeat here except to explain, in summary, that Plaintiff missed two court appearances and that Defendants made diligent efforts to contact Plaintiff at her last-known Manhattan address. On March 1, the Court received a letter, which it construes as an Objection to the R&R, in which Plaintiff explains that she had changed addresses and was thus not notified of her pending court dates. (Docket Entry 26 at 1.) She acknowledges "bad decisions" on her part and "assure[s]" the Court that "this won't happen again." (Id. at 2.)

In an abundance of caution and in view of the leniency generally afforded pro se litigants, the Court accepts Plaintiff's assurances on face value and declines to dismiss this suit for failure to prosecute. In doing so, it rejects Defendants' characterization of Plaintiff's conduct as "purposeful dilatoriness." (See Docket Entry 28 at 1.) Plaintiff is warned, however, that it is her responsibility to tell the Court when she moves. Plaintiff is further warned that the Court will not be so lenient going forward; if Plaintiff fails to comply with orders in the future, the Court will seriously consider dismissing this suit with prejudice.

Accordingly, the Court declines to adopt Judge Tomlinson's R&R. The Clerk of the Court is directed to mail Plaintiff a copy of this Order.

SO ORDERED.

JOANNA SEYBERT

Joanna Seybert, U.S.D.J.

Central Islip, New York

20110324

© 1992-2011 VersusLaw Inc.



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