Harris v. Westchester County Department of Corrections
- Kenneth Karas
- 7:17-cv-00839
- U.S. District Court · Southern District of New York
- 2
In Harris v. Westchester County Department of Corrections, Judge Karas ordered Harris to explain within 30 days why the case should not be dismissed for failure to prosecute.
Myles Deante Clay Harris must respond within 30 days or the court may dismiss his case with prejudice; the defendants are affected because the case may be dismissed.
What happened
In Harris v. Westchester County Department of Corrections, the court said Harris had been transferred to another facility and could not be reached for a scheduled conference. Harris also had not updated his address or otherwise contacted the court.
The court ordered Harris to explain within 30 days why the case should not be dismissed for failing to move it forward. The court has not dismissed the case in this order.
Judge Kenneth M. Karas warned that the case may be dismissed with prejudice without further notice if Harris does not show good cause. The clerk was directed to mail Harris a copy of the order.
The detailed version
- Harris v. Westchester County Department of Corrections · No. 7:17-cv-00839
- Kenneth Karas
- Dec. 4, 2019
Background
Myles Deante Clay Harris filed this action on February 2, 2017. The defendants answered, and after motion practice the court partially granted and partially denied the defendants’ motion for summary judgment on October 15, 2019. The court scheduled a status conference for December 3, 2019.
At that conference, defense counsel informed the court that Harris had been transferred from the facility listed as his address on the docket to Mid-State Correctional Facility. The court was unable to reach Harris by calling the number provided, and Harris had not updated his address or otherwise communicated with the court. The court noted that an earlier order had instructed Harris to report address changes and warned that failing to do so could lead to dismissal.
Order
The court ordered Harris to show cause—meaning to explain—within 30 days why the case should not be dismissed for failure to prosecute, or failure to move the case forward. The order states that the court may dismiss the case with prejudice without further notice if Harris does not show good cause. The court did not dismiss the case in this order and directed the clerk to mail Harris a copy.
Judge
Judge Kenneth M. Karas issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.