# Brown v. New York City

> District Court, S.D. New York · May 22, 2024

URL: https://www.frixlaw.com/law-library/cases/10360964

## Case

- **Court:** District Court, S.D. New York
- **Decided:** May 22, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10360964

## How later opinions describe it (automated extraction)

- holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue

## Opinion text

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11370, The Clerk’s Office, however, mailed the March 13, 2024 order to the outdated address,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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10360964. Public record. Not legal advice.