Opinion

Brown v. New York City

Court
District Court, S.D. New York
Filed
May 22, 2024
Cited by
0 cases
Authority
More cited than 27.8%

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 OF DISMISSAL

NEW YORK CITY & DEPT OF

CORRECTION OF NYC,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated March 13, 2024, the Court directed Plaintiff, within thirty days, to provide

the court with an updated address and specified that failure to comply would result in dismissal

of the complaint. The Court directed the Clerk’s Office to mail the order to Anthony Brown, B &

C number 2412301011, George R. Vierno Center, 09-09 Hazen Street, E. Elmhurst, New York

11370, The Clerk’s Office, however, mailed the March 13, 2024 order to the outdated address,

and on April 3, 2024, the order was returned to the court with the following notations, “Return to

Sender, Not Deliverable as Addressed, Unable to Forward, Need Book & Case to identify, RTS.”

On April 5, 2024, the order was remailed as directed in the Court’s March 13, 2024 order,

and that order has not been returned to the court. Plaintiff has not notified the court of a change

of mailing address, however, and has not initiated any further contact with the court, written or

otherwise. Accordingly, the complaint is dismissed without prejudice.

CONCLUSION

Plaintiff’s complaint is dismissed without prejudice.

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, and to update the ECF system with this address.

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 in forma pauperis 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).

The Court directs the Clerk of Court to enter judgment.

SO ORDERED.

Dated: May 21, 2024

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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