Opinion
11-CV-6032L
02-08-2013
ORDER
By Order dated February 5, 2013 and entered February 6, 2013, this Court issued an Order noting that counsel had failed to respond to an Order to Show Cause concerning the status of this matter, and directing that it be dismissed, with prejudice, for failure to prosecute.
I find that the dismissal of the matter would more appropriately be undertaken without prejudice. The Court's previous Order of dismissal (Dkt. #3) is therefore vacated, and the case is dismissed, without prejudice, for the reasons stated therein.
IT IS SO ORDERED.
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DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
February 8, 2013.