Deans v. Cimorelli
- Nelson Roman
- 7:18-cv-02576
- U.S. District Court · Southern District of New York
- 1
In Deans v. Cimorelli, Judge Roman dismissed the action without prejudice because Tashay David Deans did not prosecute it or respond to the court’s order.
Pro se plaintiff Tashay David Deans, whose action was dismissed without prejudice; the defendants are also affected because the action was terminated.
What happened
In Deans v. Cimorelli, the court ordered pro se plaintiff Tashay David Deans to explain why the case should not be dismissed because the case had not been pursued.
Deans did not respond by the April 29, 2025 deadline. The court also said that more than a year had passed since it or the defendant had heard from Deans, stopping the case from moving forward.
Judge Nelson S. Roman dismissed the action without prejudice for failure to prosecute and directed the clerk to close the case.
The detailed version
- Deans v. Cimorelli · No. 7:18-cv-02576
- Nelson Roman
- June 27, 2025
Background
On April 1, 2025, the court ordered pro se plaintiff Tashay David Deans to show in writing why the complaint should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). The deadline to respond was April 29, 2025.
Deans did not respond by the deadline. The court stated that the deadline had expired nearly two months earlier and that more than a year had passed since the court or the defendant had heard from Deans. The court found that this failure to pursue the case hindered the court’s efforts to manage its calendar and stopped the case from moving forward.
Ruling
Judge Nelson S. Roman exercised the court’s discretion and dismissed the action without prejudice for failure to prosecute. The clerk was directed to terminate the action.
Classification basis
This is a procedural order because the court dismissed the case for failure to prosecute without deciding the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.