Decatus v. the City
- Clarke
- 1:24-cv-02224
- U.S. District Court · Southern District of New York
- 1
Decatus v. City of New York: Judge Clarke dismissed the action with prejudice because Decatus did not replead or respond after the court’s earlier order.
Vanessa Decatus, City of New York, and County of New York; the court directed that the action be closed.
What happened
In Vanessa Decatus v. City of New York and County of New York, the court had previously dismissed the action for failing to state a claim but allowed Decatus, who was proceeding without a lawyer, until June 12, 2024, to file an amended pleading.
Decatus did not file anything by that deadline and had not otherwise indicated that she intended to continue the case.
Judge Jessica G. L. Clarke dismissed the action with prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failing to pursue the case and comply with the court’s order. The Clerk was directed to close the case and mail Decatus a copy of the order.
The detailed version
- Decatus v. the City · No. 1:24-cv-02224
- Clarke
- June 21, 2024
Background
On May 13, 2024, the court dismissed Decatus’s action for failure to state a claim. The court gave Decatus, who was proceeding without a lawyer, until June 12, 2024, to file a new pleading presenting her claims.
Decatus did not file anything by the deadline. The court also had not received any response from her or any other indication that she intended to continue pursuing the action.
Rule and Ruling
Rule 41(b) allows a federal district court to dismiss an action when a plaintiff fails to pursue it or fails to comply with the rules or a court order. The court stated that it could issue such a dismissal without a party’s motion after notifying the plaintiff.
The court dismissed the action with prejudice under Rule 41(b) because Decatus had not responded to the May 13 order or otherwise indicated that she intended to pursue the case. The Clerk of Court was directed to close the case and mail Decatus a copy of the order. Judge Jessica G. L. Clarke signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.