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Massey v. Sewell, 18-CV-8432 (VEC). (2020)

Court: District Court, S.D. New York Number: infdco20200219h84 Visitors: 12
Filed: Feb. 14, 2020
Latest Update: Feb. 14, 2020
Summary: ORDER VALERIE CAPRONI , District Judge . WHEREAS Plaintiff, acting pro se, commenced this action on September 14, 2018, alleging denial of timely medical care by Defendants while he was incarcerated in the Manhattan Detention Complex (MDC), Dkt. 2; WHEREAS on October 2, 2019, Magistrate Judge Barbara Moses recommended dismissal of this action, without prejudice, for failure to prosecute after Plaintiff failed to observe numerous deadlines, failed to appear at two conferences, and failed
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ORDER

WHEREAS Plaintiff, acting pro se, commenced this action on September 14, 2018, alleging denial of timely medical care by Defendants while he was incarcerated in the Manhattan Detention Complex (MDC), Dkt. 2;

WHEREAS on October 2, 2019, Magistrate Judge Barbara Moses recommended dismissal of this action, without prejudice, for failure to prosecute after Plaintiff failed to observe numerous deadlines, failed to appear at two conferences, and failed to communicate about his case for nearly eight months, Dkt. 30;

WHEREAS on October 21, 2019, the Court received a letter from Plaintiff requesting an extension and a copy of all relevant paperwork, explaining that he was once again incarcerated at the MDC and that he, due to serious mental illness and drug use, neglected to follow the developments in this case, Dkt. 31;

WHEREAS Plaintiff indicated that he was then receiving the appropriate medications and that he intended to continue prosecuting this action, Dkt. 31;

WHEREAS on October 24, 2019, the Court declined to adopt the Report and Recommendation recommending dismissal, to allow Plaintiff another chance to comply with the Court's orders and litigate this case on the merits, Dkt. 32;

WHEREAS the Court ordered Plaintiff to file an opposition to Defendants' pending motion to dismiss no later than November 27, 2019, to the extent that he intended to proceed with this litigation, Dkt. 32; and

WHEREAS on December 6, 2019, the Court dismissed this case without prejudice because Defendant again failed to respond as ordered, Dkt. 33;

WHEREAS on February 10, 2020, Plaintiff filed a letter indicating that unnamed corrections officials failed to mail his letter responding to Reports and Recommendations in three separate cases in the Southern District of New York, Dkt. 35; and

WHEREAS Plaintiff requests that the Court mail him another set of case documents so that he can continue prosecuting this case, including by amending his complaint to add additional remedies;

IT IS HEREBY ORDERED that Plaintiff's motion to reopen the case is DENIED without prejudice. Because the Court has already issued a final order dismissing his case, Plaintiff's request is construed as a motion for relief from a judgment or order pursuant to Rule 60 of the Federal Rules of Civil Procedure. At this time, Plaintiff has not shown a sufficient basis for the Court to set aside the order of dismissal and reopen the case. Plaintiff's request contains a conclusory and threadbare allegation that unnamed corrections officials failed to mail his letter responding to several Reports and Recommendations, with no information as to when that letter was drafted, whether he submitted a single letter responding to all of the Reports and Recommendations or separate letters, what the letter said with regard to this case, or when it should have been mailed. Nor does Plaintiff explain why he failed to track this case, how he eventually discovered that his mail was not sent, and why he could not have discovered it sooner. Furthermore, the Court did receive Plaintiff's objection to Judge Moses' Report and Recommendation, which was why the Court declined to adopt the recommended dismissal on October 24, 2019. Instead, what Plaintiff has failed to do is take advantage of yet another opportunity to continue prosecuting this case. For those reasons, the Court denies Plaintiff's motion to reopen.

To the extent that Plaintiff can set forth a clearer basis for relief under Rule 60, he must file a letter with the Court no later than March 13, 2020, explaining, with at least approximate dates, what happened between the filing of his objection to Judge Moses' Report and Recommendation (stamped October 24, 2019) and his current motion (stamped February 10, 2020). The letter must explain why Plaintiff failed to comply with the Court's November 27 deadline, and why he waited more than two more months to make his current request.

The Clerk of Court is respectfully directed to mail Plaintiff, at 1500 Hazen Street, East Elmhurst, New York, NY 11370, the following documents: a copy of this Order, docket entries 28 through 33, and the docket sheet. The Clerk of Court is also respectfully requested to note mailing on the docket, and to correct Plaintiff's name on the docket sheet to Tyrone Henry Massey, as requested.

SO ORDERED.

Source:  Leagle

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