Welsh v. Federal Bureau of Prison
- Laura Swain
- 1:24-cv-02990
- U.S. District Court · Southern District of New York
- 2
Judge Swain dismissed Welsh v. Federal Bureau of Prison without prejudice because Welsh did not update her address or contact the court.
Esther Welsh’s action was dismissed without prejudice, and she was denied permission to appeal without paying filing fees. The opinion does not state any additional effect on the Federal Bureau of Prison.
What happened
In Welsh v. Federal Bureau of Prison, Esther Welsh did not update her address or otherwise communicate with the court as required by a court standing order for people representing themselves.
The court dismissed the action under Rule 41(b) for failing to comply with that order. The dismissal was without prejudice, so Welsh may file a new civil action. The court also denied permission to appeal without paying fees and directed the clerk to enter judgment.
Judge Laura Taylor Swain ruled that any appeal would not be taken in good faith and denied fee-free appeal status.
The detailed version
- Welsh v. Federal Bureau of Prison · No. 1:24-cv-02990
- Laura Swain
- June 28, 2024
Background
Esther Welsh was required to keep the court informed of changes to her address or electronic contact information under a March 18, 2024 standing order concerning people representing themselves. The court stated that it issued an order directing Welsh to show cause within 30 days why the case should not be dismissed without prejudice because she had not updated her address. Welsh did not update her address or otherwise communicate with the court.
Ruling
The court dismissed the action under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the March 18, 2024 standing order. The court expressly stated that the dismissal was without prejudice to Welsh’s filing a new civil action.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied Welsh permission to appeal without paying filing fees and directed the clerk to enter judgment.
Effect
The existing action was dismissed, but the dismissal does not bar Welsh from filing a new civil action. The opinion does not decide the underlying legal claims against the Federal Bureau of Prison.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.