U.S. Court of Appeals for the Second Circuit – Failure to Prosecute – Five-factor Balancing Test   Batiste v. Sommers 13-3079 Judges Calabresi, Parker and Lynch   Background: The plaintiff appealed from a decision dismissing his case for failure to prosecute. ...

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U.S. District Court, WDNY Failure to Prosecute Pro Se Litigants Young v. Tryon, et al. 12-cv-6251CJS Judge Payson Background: The plaintiff commenced an action asserting numerous violations of the Fifth, Eighth and 14th Amendments. The defendants moved by order to ...

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Appellate Division, Fourth Department Failure to Prosecute Justifiable Excuse — Mediation Woodward v. Chapman, et al. CA 12-00325 Appealed from Supreme Court, Steuben County Background: The plaintiff commenced an action seeking damages for injuries he sustained as a result of ...

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U.S. District Court, WDNY ‘Pro se’ Failure to Prosecute — Duty to Provide Court with Address Hidalgo v. C.O. Gilbert, et al. 10-cv-6522L Judge Larimer Background: The defendant moved to dismiss the complaint. In response the court gave the plaintiff ...

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U.S. District Court, WDNY Failure to Prosecute No Communication Belfield v. D. Leonard 10-cv-6688L Judge Larimer Background: The pro se plaintiff commenced an action alleging various violations of his rights while he was in the custody of the New York ...

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U.S. District Court, WDNY Failure to Prosecute Duration of Delay Balkum v. County of Monroe, et al. 08-cv-06259-CJS Judge Siragusa Background: Two years after the plaintiff filed and served a complaint against the defendants, the defendants moved to dismiss the ...

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Appellate Division, Fourth Department Failure to Prosecute Condition Precedent — Demand for Note of Issue Hilliard v. Highland Hospital, et al. CA 10-01225 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a medical malpractice action alleging that he suffered ...

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U.S. District Court, WDNY Failure to Prosecute Duration of Delay Balkum v. County of Monroe, et al 08-cv-06259 CJS Judge Siragusa Background: On June 16, 2008, the plaintiff had filed and served a complaint against the defendants. A year later ...

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U.S. District Court, WDNY Failure to Prosecute Qualified Immunity Figueroa v. Strom et al 07-CV-18S Judge Skretny Background: In this action, the plaintiff alleges, pursuant to 42 U.S.C. § 1983, that defendants violated his 14 Amendment due process rights and ...

Tagged with: Failure to Prosecute qualified immunity U.S. District Court WDNY