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S.D.N.Y.Procedural orderFiled Jan. 20, 2022

Bacon v. Evans

Judge
Kenneth Karas
Docket
7:20-cv-06337
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Bacon v. Evans, Judge Karas ordered Bacon to explain by February 3 why the case should not be dismissed for failure to prosecute.

Who this affects

Ryan-Mykal S. Bacon was required to explain why his case should not be dismissed after he did not file an amended complaint. Joshua Evans was the defendant in the case.

What happened

In Bacon v. Evans, the court said it had previously granted Joshua Evans’s motion to dismiss Ryan-Mykal S. Bacon’s claims without prejudice and allowed Bacon 30 days to file an amended complaint.

Bacon had not filed an amended complaint by January 20, 2022. The court ordered Bacon to show cause by February 3, 2022, explaining why the case should not be dismissed for failure to prosecute. The court stated that it could dismiss the case without further notice if Bacon did not show good cause.

Judge Kenneth M. Karas issued the order and directed the Clerk of Court to mail it to Bacon at the address listed in the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Bacon v. Evans · No. 7:20-cv-06337
Judge
Kenneth Karas
Date
Jan. 20, 2022

Background

On December 1, 2021, the court granted Defendant Joshua Evans’s motion to dismiss. The court dismissed Plaintiff Ryan-Mykal S. Bacon’s claims without prejudice and gave Bacon 30 days to file an amended complaint addressing the deficiencies identified in the earlier opinion and order.

The court stated that Bacon had not filed an amended complaint as of January 20, 2022.

Order

The court ordered Bacon to show cause—meaning to explain—by February 3, 2022, why the case should not be dismissed for failure to prosecute. Failure to prosecute means failing to move a case forward. The court stated that it could dismiss the case without further notice if Bacon did not show good cause.

The Clerk of Court was directed to mail a copy of the order to Bacon at the address listed in the opinion. Judge Kenneth M. Karas signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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