Opinion
24-CV-01988 (LTS)
05-24-2024
REEM WARD, Plaintiff, v. BUREAU OF VITAL RECORDS; D.C. 37 UNION INSURANCE COMPANY, Defendants.
ORDER TO UPDATE ADDRESS
Laura Taylor Swain, Chief United States District Judge
Plaintiff, who is appearing pro se, filed this action on July 5, 2023, in the United States District Court for the Eastern District of New York. By order dated August 15, 2023, the Honorable Nina R. Morrison of that court, transferred Plaintiff's action to this court. See Ward v. Bureau of Vital Records, No. 23-CV-5236 (NRM) (LB) (E.D.N.Y. Aug. 15, 2023).
On August 30, 2023, the Eastern District of New York's August 15, 2023 order was returned to that court with the following notations on the envelope, “Return to sender, no such number, unable to forward.” (ECF No. 5.) On January 10, 2024, the action was received by this court. (ECF No. 6.) 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 Plaintiff's last known address, which is the address listed on the court's docket.
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.