Evans v. New York City Health And Hospitals Corporation
- Paul Engelmayer
- 1:21-cv-10378
- U.S. District Court · Southern District of New York
- 2
In Evans v. New York City Health and Hospitals Corporation, Judge Engelmayer dismissed the case without prejudice for failure to prosecute.
Pauline Evans’s case was closed after the court dismissed it without prejudice for failure to prosecute. The opinion lists New York City Health and Hospitals Corp. and Lincoln as defendants.
What happened
In Evans v. New York City Health and Hospitals Corporation, Pauline Evans filed a complaint and represented herself. The deadline to serve the defendants passed on March 6, 2022.
The court ordered Evans to explain by April 6 why the case should not be dismissed because she had not moved it forward. She did not respond or take other action after that order.
Judge Engelmayer dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) and directed the clerk to close it. This dismissal was based on Evans’s failure to prosecute.
The detailed version
- Evans v. New York City Health And Hospitals Corporation · No. 1:21-cv-10378
- Paul Engelmayer
- Apr. 11, 2022
Background
Pauline Evans filed the complaint on December 6, 2021, and proceeded without a lawyer. Service of process on the defendants was due on March 6, 2022.
Court’s Action
On March 23, 2022, the court ordered Evans to show cause—explain why the case should remain open—by April 6, 2022. The order warned that the case could be dismissed for failure to prosecute, meaning failure to move the case forward. Evans did not take the required step or otherwise make progress in the case after the order was issued.
Ruling
Judge Paul A. Engelmayer dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s inherent power. The clerk was directed to close the case. Because the dismissal was without prejudice, the order did not bar refiling, although the opinion does not discuss any possible refiling requirements or limitations.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.