UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -—-------- xX GREGORIO CRUZ, : Plaintiff, : : 22-cv-09853 (ALC) -against- : : ORDER TO TERMINATE CALABRIA MIA, CORP., and : JUSEPE CHIAELLO, : Defendants. : onan ANDREW L. CARTER, JR., District Judge: This Court issued two Orders to Show Cause to Plaintiffs. To date, Plaintiff has not filed a notice of appearance for its new counsel, nor responded to the Orders. Accordingly, this action is DISMISSED without prejudice for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. See LeSane v. Hall’s Sec. Analyst, Inc.,

(2d Cir. 2001) is unquestioned that Rule 41 (b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute... “‘). The Clerk of the Court is respectfully directed to terminate this proceeding.

SO ORDERED.

Dated: September 18, 2023 [Arado 7 {hs New York, New York ANDREW L. CARTER, JR. United States District Judge