UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

HUIHONG LI, Plaintiff, 21-CV-8554 (JPO) -v- ORDER ALEJANDRO MAYORKAS, et al., Defendants.

J. PAUL OETKEN, District Judge: This action is dismissed without prejudice for failure to prosecute. On October 18, 2021, Petitioner Huihong Li sued Defendants Alejandro Majorkas, in his official capacity as Secretary of Homeland Security; Ur Mendoza Jaddou, in her official capacity as Director of U.S. Citizenship and Immigration Services; and Tim Houghton, in his official capacity as Director of the USCIS New York District Office, seeking a writ of mandamus to compel action on Petitioner’s outstanding Form I-130 Petition for Alien Relative. (See Dkt. No. 1 at ¶1.) The next day, on October 19, 2021, Petitioner and Petitioners’ attorney were alerted to deficiencies in their filing via ECF message and invited to cure the deficits in their pleading. (See Dkt. No. 2). About ten months later on August 8, 2022, the Court issued a text-order reminding Petitioner’s counsel to correct the deficiency in in the Petition and instructing Petitioner to file a Status Letter with the Court on or before August 29, 2022. Since filing in October 2021, however, Plaintiff has not appeared. Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss an action “if the plaintiff fails to prosecute or to comply with the rules or a court order.” Baptiste v. Sommers,

(2d Cir. 2014). It is settled that Rule 41(b) “gives the district court authority to dismiss a plaintiff’s case sua sponte for failure to prosecute.” LeSane v. Hall’s Sec. Analyst, Inc.,

(2d Cir. 2001). Dismissal without prejudice is appropriate here. Plaintiff was “given notice that further delay would result in dismissal,” U.S. ex rel. Drake v. Norden Sys., Inc.,

(2d Cir. 2004), and there is prejudice where Plaintiff has caused an “unreasonable delay.” Lesane,

. Dismissal without prejudice appropriately strikes a balance “between alleviating court calendar congestion and protecting a party’s right to due process and a fair chance to be heard.”

. Accordingly, this action is dismissed without prejudice to refiling. The Clerk of Court is directed to close this case. SO ORDERED. Dated: December 5, 2022 New York, New York

| ] J. PAUL OETKEN United States District Judge