Robert S. Stone, Jr. v. The State of New York, et al.

Summary

The court recommends dismissing Robert S. Stone, Jr.’s action for failure to prosecute and failure to comply with court orders. The recommendation follows the plaintiff’s failure to appear at a conference, properly serve the New York Commissioner of Transportation, and file proof of service despite being given a final opportunity to do so.

Holdings

1. Dismissal under Federal Rule of Civil Procedure 41(b) for lack of prosecution or failure to comply with a court order is a matter committed to the discretion of the district court.
2. The action should be dismissed for failure to prosecute and failure to comply with court orders.

Questions Presented

1. Whether the action should be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b).
2. Whether the action should be dismissed for plaintiff's failure to comply with court orders, including the order requiring proper service and proof of service.

Disposition

other