Perez v. City of New York D.O.C.

Full title: PEDRO PEREZ, Plaintiff, v. CITY OF NEW YORK D.O.C., et al., Defendants

Court: United States District Court, S.D. New York

Date published: Oct 24, 2000

00 Civ. 4359 (LAK) (S.D.N.Y. Oct. 24, 2000)

Opinion

00 Civ. 4359 (LAK)

October 24, 2000

ORDER

LEWIS A. KAPLAN, District Judge.

Plaintiff brought this action pro se to recover damages for alleged personal injuries suffered at the hands of two unidentified New York City correction officers.

There is no evidence that any of the defendants has been served although the time within which to do so has expired. Mail directed to plaintiff at the address given by him on the civil cover sheet, which appears to be at Riker's Island, has been returned to the Court stamped "cannot identify — return to sender." Accordingly, the Court can conclude only that the action has been abandoned.

The action is dismissed without prejudice for failure to serve process within the time required and for failure to prosecute.

SO ORDERED.