UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK eene eee nnn □□□□□□□□□□□□□□□□□□□□□□□□□□ Kk ICIAR CALLE JIMENEZ, ET AL., : 23 Civ, 8086 (PAE) Plaintiffs, ORDER OF DISMISSAL -y- NATALIA CAROLINA HERRERA MONTIEL, : Defendant. pe nema ne mann eee en nnenennenenennnaneni enna nenenenanin

- PAUL A. ENGELMAYER, District Judge: On October 10, 2023, the Court issued an order to show cause why this action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. Dkt. 8. On September 12, 2023, plaintiff filed the complaint in this action. Dkt. 2. On September 19, 2023, this Court issued an order instructing plaintiffs to address an apparent jurisdictional defect by September 26, 2023. See Dkt. 7. Plaintiffs did not do so nor have they taken any other action with respect to this case, prompting the Court’s order to show cause. The Court’s October 10, 2023 order to show cause advised that failure to act on the order by October 17, 2023 would result in dismissal without prejudice under Rule 41. Dkt. 8. Plaintiff has not taken any action to make any progress in this case since the Court’s order to show cause. Accordingly, under Federal Rule of Civil Procedure 41(b) and the Court’s inherent power, see Link y, Wabash R.R. Co.,

(1962), the Court hereby dismisses this case, without prejudice, for the plaintiff's failure to prosecute. The Clerk of Court is respectfully directed to close this case.

SO ORDERED.

Paul A. Engelmayer United States District Judge

Dated: October 23, 2023 New York, New York