Banks v. Royce et al, No. 7:2018cv04738 - Document 25 (S.D.N.Y. 2021)

Court Description: ORDER: On August 26, 2020, the Court issued an opinion and order granting Defendant Royce's motion to dismiss and granting Plaintiff leave to file an amended complaint on or before October 26, 2020, noting that "[i]f Plaintiff does not f ile an Amended Complaint by October 26, 2020, and he cannot show good cause to excuse such a failure, those claims dismissed without prejudice by this order will be deemed dismissed with prejudice, and the action will be dismissed." (ECF No. 2 4). On August 28, 2020, the Clerk of Court mailed the Court's opinion and order to Plaintiff at the address on ECF. Plaintiff has not filed an amended complaint or otherwise communicated with the Court. Therefore, the claims previously dismi ssed without prejudice are dismissed with prejudice. The Clerk of Court is directed to mail a copy of this order to pro se Plaintiff at the address on ECF, show service on the docket, and terminate this case. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/16/2021) (rj) Transmission to Docket Assistant Clerk for processing.

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Banks v. Royce et al Doc. 25 Case 7:18-cv-04738-NSR Document 25 Filed 06/16/21 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EDWIN B. BANKS, 6/16/2021 Plaintiff, v. 18 CV 4738 (NSR) ORDER OFFICER ROYCE, et al., Defendants. NELSON S. ROMÁN, United States District Judge: On August 26, 2020, the Court issued an opinion and order granting Defendant Royce’s motion to dismiss and granting Plaintiff leave to file an amended complaint on or before October 26, 2020, noting that “[i]f Plaintiff does not file an Amended Complaint by October 26, 2020, and he cannot show good cause to excuse such a failure, those claims dismissed without prejudice by this order will be deemed dismissed with prejudice, and the action will be dismissed.” (ECF No. 24). On August 28, 2020, the Clerk of Court mailed the Court’s opinion and order to Plaintiff at the address on ECF. Plaintiff has not filed an amended complaint or otherwise communicated with the Court. Therefore, the claims previously dismissed without prejudice are dismissed with prejudice. The Clerk of Court is directed to mail a copy of this order to pro se Plaintiff at the address on ECF, show service on the docket, and terminate this case. Dated: June 16, 2021 White Plains, New York SO ORDERED: ________________________________ NELSON S. ROMÁN United States District Judge Dockets.Justia.com

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