Valencia v. Westchester County
- Vincent Briccetti
- 7:19-cv-01699
- U.S. District Court · Southern District of New York
- 1
In Valencia v. Westchester County, Judge Vincent Briccetti dismissed the case with prejudice after Valencia failed to prosecute or follow court orders.
Frank E. Valencia's case was dismissed with prejudice, judgment was entered for Westchester County and the other named defendants, and Valencia was denied permission to appeal without paying the required fees.
What happened
Valencia v. Westchester County involved Frank E. Valencia's lawsuit against Westchester County and the other named defendants. The judgment states that Valencia did not file an amended complaint and that his last communication with the court was a letter dated August 6, 2019.
The court concluded that Valencia had abandoned the case. It dismissed the case with prejudice for failing to prosecute or comply with court orders and entered judgment for the defendants.
Judge Vincent Briccetti's court also certified that an appeal would not be taken in good faith, denied Valencia permission to proceed without paying appeal fees, and closed the case.
The detailed version
- Valencia v. Westchester County · No. 7:19-cv-01699
- Vincent Briccetti
- May 7, 2020
Background
The judgment states that Frank E. Valencia had not filed an amended complaint. It also states that his last communication with the court was a letter dated August 6, 2019. After considering the factors identified in a cited Second Circuit decision, the court concluded that Valencia had abandoned the case.
Ruling
Under Federal Rule of Civil Procedure 41(b), a court may dismiss a case when a plaintiff fails to prosecute it or comply with court orders. The case was dismissed with prejudice on that ground, meaning the judgment bars refiling the dismissed case. Judgment was entered in favor of Westchester County and the other named defendants.
Appeal and Case Status
The court certified that any appeal from the order would not be taken in good faith. It therefore denied Valencia permission to proceed without paying the required fees for an appeal. The case was closed. The judgment is signed by Clerk Ruby J. Krajick on behalf of the Clerk's Office.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.