Edmindo A. Roach v. New York Housing Authority, et al.
Edmindo A. Roach v. New York Housing Authority, et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EDMINDO A. ROACH, Plaintiff, -against- 23-CV-8135 (JGLC)(SN) NEW YORK HOUSING AUTHORITY, et al., ORDER OF DISMISSAL Defendants.
JESSICA G. L. CLARKE, United States District Judge: On August 22, 2025, the Court granted Plaintiff leave to amend his complaint. ECF No. 61. On September 25, 2025, Judge Netburn informed Plaintiff that if he did not file an amended complaint by October 9, 2025, the action would be dismissed and the Court would close the case. ECF No. 62. As of today’s date, Plaintiff has not responded to the August 22 or September 25 Orders, and has not otherwise indicated that he intends to pursue this action. When a party is “given adequate notice and opportunity to amend the deficiencies in its complaint and fail[s] to do so,” dismissal with prejudice is proper. Document Techs., Inc. v. LDiscovery, LLC,
731 F. App’x 31, 34 (2d Cir. 2018). Furthermore, “in the absence of any indication that [Plaintiff] could—or would—provide additional allegations that might lead to a different result,” dismissal with prejudice is warranted. Gallop v. Cheney,
642 F.3d 364, 369(2d Cir. 2011). Because the Court has not received an amended complaint nor any response from Plaintiff that he intends to amend his complaint, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order. After 30 days, Plaintiff’s remaining claims are dismissed with prejudice. To be clear, any application to reopen must be filed by November 15, 2025; any
application to reopen filed thereafter may be denied solely on that basis. Any pending motions are moot. All conferences are canceled. The Clerk of Court is respectfully directed to CLOSE the case.
Dated: October 20, 2025 New York, New York SO ORDERED.
JESSICA G. L. CLARKE United States District Judge
Reference
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