Joseph Samona v. Morgan Stanley Private Bank, NA and Etrade Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JOSEPH SAMONA, Plaintiff, Case No. 25-cv-13538 v. Honorable Robert J. White MORGAN STANLEY PRIVATE BANK, NA and ETRADE BANK, Defendants.

ORDER OF DISMISSAL FOR LACK OF PROSECUTION On January 5, 2025, the Court ordered Plaintiff to show cause why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(b) for lack of prosecution.1 Rule 41(b) states: If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule˗except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19˗operates as an adjudication on the merits.

See also Link v. Wabash R. Co., 370 U.S. 626, 629-32, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962) (“The authority of a federal trial court to dismiss a plaintiff’s action with prejudice because of his failure to prosecute cannot seriously be doubted.”). (ECF No. 6). Plaintiff has not responded to the Court’s order, and the time to do so has expired. Accordingly,

IT IS ORDERED that the complaint is dismissed pursuant to Fed. R. Civ. P. 41(b) for lack of prosecution.

Dated: January 29, 2026 s/Robert J. White Robert J. White United States District Judge