Hibbert v. The State of New York
- Garnett
- 1:22-cv-08257
- U.S. District Court · Southern District of New York
- 1
In Hibbert v. City of New York, Judge Garnett dismissed the case with prejudice because Hibbert failed to pursue it.
The dismissal affects Conroy Hibbert, Jr.'s action against the City of New York and the other defendants identified in the case caption. The court directed that all pending motions be terminated and that the case be closed.
What happened
In Conroy Hibbert, Jr. v. City of New York, et al., Hibbert was representing himself. The court had ordered him to explain why the case should not be dismissed and to report on its status by December 19, 2024.
The deadline passed without a response. Hibbert also did not otherwise indicate that he intended to continue the case.
Judge Margaret M. Garnett dismissed the action with prejudice under Rule 41(b) for failure to prosecute, terminated all pending motions, and directed the Clerk of Court to close the case and mail Hibbert a copy of the order.
The detailed version
- Hibbert v. The State of New York · No. 1:22-cv-08257
- Garnett
- Jan. 3, 2025
Background
Conroy Hibbert, Jr., who was representing himself, brought this action against the City of New York and other defendants. On October 24, 2024, the court ordered Hibbert to show why the case should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court required him to submit a letter reporting on the status of the action by December 19, 2024, and warned that missing the deadline could result in prompt dismissal with prejudice. The order was mailed to Hibbert at the address he had provided.
Reason for dismissal
The deadline passed, and the court received no response from Hibbert. He also did not otherwise indicate that he intended to pursue the case. Rule 41(b) permits a district court to dismiss an action when a plaintiff fails to prosecute or fails to comply with a court order. The court stated that it had notified Hibbert before dismissing the action.
Ruling
Judge Margaret M. Garnett dismissed the action with prejudice under Rule 41(b) for failure to prosecute. The order also directed the Clerk of Court to terminate all pending motions, close the case, and mail a copy of the order to Hibbert.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.