Richardson v. McTurner et al, No. 1:2007cv03989 - Document 26 (S.D.N.Y. 2009)
Court Description: OPINION:#98000 Accordingly, for the reasons set forth above, Defendant's motion is granted and the complaint dismissed without prejudice for failure to prosecute. (Signed by Judge Robert W. Sweet on 9/2/2009) (jfe) Modified on 9/8/2009 (eef).
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOCUMENT .................................... JONATHAN RICHARDSON, Plaintiff, -against- 07 Civ. 3983 OPINION CORRECTIONS OFFICER J. MCTURNER, et al. Defendants. A P P E A R A N C E S : Pro Se JONATHAN RICHARDSON Attorneys for Defendants ANDREW M. CUOMO Attorney General of the State of New York 120 Broadway New York, NY 10271 By: Rebecca Ann Durden, Esq. Sweet, D.J. Defendant Corrections Officer J. McTurner ("Officer McTurner" or the "Defendant") has moved pursuant to Rule 41(b), Fed. R. Civ. P., to dismiss this action for failure of plaintiff pro - Jonathan Richardson se ("Richardson" or the "Plaintiff " ) to prosecute. Richardson commenced this action against Officer McTurner on May 22, 2007, alleging that Officer McTurner violated his Eighth Amendment right to be free from cruel and unusual punishment and subjected him to excessive force in the frisk area of Sing Sing Correctional Facility's visiting room. After discovery was completed, the parties filed a Joint Pre-Trial order. In response to a letter from Richardson stating that he was to be released in early 2009, Richardson was advised by letter dated December 8, 2008, that the Court had not yet set a trial date for this action, but that upon his release he needed to provide the Court and Defendant's counsel with his new address. Court then scheduled trial for February 2, 2009. The By letter dated January 26, 2009, Defendant sought an adjournment of
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