holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue
How later courts described this case
- holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANTHONY BROWN,
Plaintiff,
23-CV-5758 (LTS)
-against-
ORDER TO UPDATE
NEW YORK CITY & DEPT OF CORRECTION
ADDRESS
OF NYC,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff was detained at the Anna M. Kross Center on Rikers Island under B & C number
3492300547 when he filed this action. On March 13, 2024, a search of the New York City
Department of Correction (“DOC”) Inmate Lookup Service, using Plaintiff’s B & C number,
revealed that he is not currently detained by the DOC. See https://a073-ils-
web.nyc.gov/inmatelookup/pages/home/home.jsf [https://perma.cc/HWL8-YE3C] (last visited
March 13, 2024). A name search, however, revealed that there is currently an individual named
Anthony Brown detained by the DOC under B & C number 2412301011. It is unclear whether
this is the same individual who filed this action, and Plaintiff has not notified the court of a
change of mailing address nor initiated any further contact with the court, written or otherwise.
As set forth below, Plaintiff is directed to provide an updated address to the court within
30 days of the date of this order.
DISCUSSION
Under Rule 41(b) of the Federal Rules of Civil Procedure, a district court may dismiss an
action sua sponte for failure to prosecute, as long as the court notifies the plaintiff. LeSane v.
Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001). A court may dismiss an action under
Fed. R. Civ. P. 41(b) if the plaintiff fails to notify the court of a new address and the court is
unable to contact the plaintiff. See, e.g., Abdallah v. Ragner, No. 12-CV-8840 (JPO), 2013 WL
7118083, at *4 (S.D.N.Y. Nov. 22, 2013) (“A plaintiff is required to notify the Court when his
address changes, and failure to do so is sufficient to justify dismissal of a plaintiff’s
complaint . . .. If [the plaintiff] does not contact the Court and update his address within the time
allowed, this action will be dismissed for failure to prosecute.” (citing Fields v. Beem, No. 13-
CV-0005, 2013 WL 3872834, at *2 (N.D.N.Y. July 24, 2013) (collecting cases))).
The Court hereby notifies Plaintiff that he must update the court with his new address
within 30 days of the date of this order. If Plaintiff does not comply with this order within the
time allowed, the Court will dismiss this action, under Rule 41(b) of the Federal Rules of Civil
Procedure, without prejudice to Plaintiff’s refiling it.
CONCLUSION
Within 30 days of the date of this order, Plaintiff must update the court, in writing, with
his new address. Failure to do so will result in dismissal of the action without prejudice under
Fed. R. Civ. P. 41(b) for failure to prosecute.
The Clerk of Court is directed to mail a copy of this order to Anthony Brown, B & C
number 2412301011, George R. Vierno Center, 09-09 Hazen Street, E. Elmhurst, New York
11370.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf.
Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates
good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.
Dated: March 13, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge