USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 6/4/21

Josue Paguada, Plaintiff, 20-CV-8261 (AJN) ORDER Birthday in a Box, LLC, Defendant.

ALISON J. NATHAN, District Judge: The Court ordered Plaintiff to file an affidavit of service of its May 25, 2021 order by June 2, 2021. As of the date of this order, the Court has not received that affidavit of service. The Court hereby ORDERS Plaintiff to comply with its May 25, 2021 order by June 9, 2021. Plaintiff is on notice that failure to do so by this date may result in his claim being dismissed with prejudice for failure to prosecute. See United States ex rel. Drake v. Norden Systems,

(2d Cir. 2004) (noting “‘a district judge’s authority to dismiss actions based on a plaintiff’s failure to prosecute”). SO ORDERED. i) ig Dated: June 4, 2021 New York, New York ALISON J. NATHAN United States District Judge