Opinion
17-CV-4623 (JMF)
02-10-2022
OMAR MINUS, Plaintiff,, v. OFFICER BRIAN BENVENUTO and OFFICER JOSPEH TENNARIELLO, Defendants.
ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE:
Plaintiff failed to appear at trial this morning at 9:30 a.m. Plaintiff had been repeatedly warned, including in person at the final pretrial conference on February 8, 2022, that “if he fails to appear for trials, his remaining claim will be dismissed for failure to prosecute and/or as abandoned.” ECF No. 160 (emphasis added). Accordingly, and for the reasons stated on the record, the case is dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. See, e.g., Lewis v. Rawson, 564 F.3d 569, 580 (2d Cir. 2009) (“It is beyond dispute under our precedent that a district court may dismiss a case under Rule 41(b) when the plaintiff refuses to go forward with a properly scheduled trial.” (internal quotation marks omitted)). The Clerk of Court is directed close this case, to enter judgment in favor of Defendants, and to mail a copy of this Order to Plaintiff.
SO ORDERED.