Opinion
06 CV 1713 (ADS) (ARL).
April 30, 2008
DARYL W. HOLLEY, Plaintiff Pro Se, Glen Cove, NY.
MIRANDA SOKOLOFF, LLP, Attorney for the Defendant, Mineola, NY, By: Steven C. Stern, Esq., Of Counsel.
MEMORANDUM OF DECISION AND ORDER
On April 7, 2006, Daryl W. Holley (the "Plaintiff" or "Holley") filed a complaint against the City of Glen Cove (the "Defendant" or "Glen Cove") alleging that the Defendant discriminated against him on the basis of his race and alleged disability. On July 21, 2006, the Plaintiff filed a return of service of the summons, indicating that the Defendant had been served at a 9 School Street address in Glen Cove, New York on July 5, 2006. On December 6, 2006, the Plaintiff moved for a default judgment, noting that the Defendant failed to respond to the complaint.
On January 17, 2007, the Defendant submitted papers in opposition to the motion for a default. The Defendant contended that it did not receive notice of the Plaintiff's lawsuit because the Plaintiff failed to properly serve the Defendant with the summons and complaint. The Defendant noted that it had no record of receipt of the summons and complaint because process was improperly served at 9 School Street. The Defendant should have been served at 9 Glen Street in Glen Cove, New York.
On March 28, 2007, this Court denied the Plaintiff's motion for a default judgment. In its Order, the Court noted "The Plaintiff may re-serve the Defendant at the correct address within 30 days from the date of this Order."
According to the Court's official docket sheet, no further activity has occurred in this case. The last noted filing is this Court's March 28, 2007 Order. The Plaintiff failed to submit a re-served summons and has taken no further activity in support of his case.
Based on the foregoing, it is hereby
ORDERED, that the Plaintiff's complaint is dismissed for failure to prosecute; and it is further
ORDERED, that the Clerk of the Court is directed to close this case.