noting that “a federal district court has the inherent power to dismiss a case sua sponte for failure to prosecute” (citing Link v. Wabash R.R. Co., 370 U.S. 626 630-32(1962)
How later courts described this case
- noting that “a federal district court has the inherent power to dismiss a case sua sponte for failure to prosecute” (citing Link v. Wabash R.R. Co., 370 U.S. 626 630-32(1962)
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CARLTON BROWN,
Plaintiff,
No. 18-CV-5439 (KMK)
ORDER TO SHOW CAUSE
THOMAS GRIFFIN, ef al.,
Defendants.
KENNETH M. KARAS, United States District Judge:
On September 25, 2019, the Court issued an Opinion & Order (the “Opinion’’) granting
Defendants’ Motion To Dismiss. (See generally Op. (Dkt. No. 33).) The Opinion granted
Plaintiff 30 days to file an amended complaint. (/d. at 19.) Plaintiff has not filed an amended
complaint or otherwise communicated with the Court
Accordingly, it is hereby ORDERED that Plaintiff shall show cause, by no later than 30
days of the date of this Order, as to why this case should not be dismissed for failure to
prosecute. See Armstrong v. Guccione, 470 F.3d 89, 103 n.1 (2d Cir. 2006) (noting that “a
federal district court has the inherent power to dismiss a case sua sponte for failure to prosecute”
(citing Link v. Wabash R.R. Co., 370 U.S. 626 630-32(1962)).
The Court may dismiss this case without prejudice without further notice in the event that
good cause is not shown.
SO ORDERED.
Dated: November 18, 2019
White Plains, New York
Wk
United States District Judge