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16-104 - Cosgriff v. County of Suffolk et al


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16-104 - Cosgriff v. County of Suffolk et al
April 6, 2017
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ORDER - After reviewing the docket in this case, the Court now adopts the R&R to the extent that it recommends dismissal for failure to prosecute. However, under these circumstances, the Court finds that the dismissal should be without prejudice. See Wingate v. Anna M. Cross Ctr., No. 12-cv-2134, 2014 U.S. Dist. LEXIS 90883, at *3-*4 (S.D.N.Y. July 1, 2014) (noting that [d]ismissal without prejudice, rather than dismissal with prejudice, is proper because courts considering dismissal for failure to prosecute pursuant to Rule 41(b) must consider the efficacy of lesser sanctions (quoting Reeder v. Hogan, 515 F. Appx 44, 45 (2d Cir. 2013)). The Clerk of the Court is respectfully directed to close this case. SEE ATTACHED ORDER for details. It is SO ORDERED by Judge Arthur D. Spatt on 4/6/2017. (Coleman, Laurie) c/m to pro se Pltff Cassandra Cosgrief.