Ward v. Bureau of Vital Records

Background

Kareem Ward, appearing without a lawyer, filed the action on July 5, 2023, in the Eastern District of New York. That court transferred the action to the Southern District of New York on August 15, 2023. The transfer order was later returned to the Eastern District of New York with envelope notations stating, “Return to sender, no such number, unable to forward.” The action was received by the Southern District of New York on January 10, 2024.

On May 24, 2024, the court ordered Ward to provide an updated address within 30 days and warned that failing to comply would result in dismissal of the complaint. The order was mailed to Ward at his last known address and was not returned. Ward did not respond and did not have further contact with the court.

Ruling

The court dismissed the complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. “Without prejudice” means the dismissal did not bar a later filing based on the same complaint, although the opinion does not address any requirements for a later filing.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. It directed the Clerk of Court to mail the order to Ward’s last known address and to enter judgment.

What the Opinion Does Not Decide

The opinion does not describe or decide the merits of Ward’s claims against the Bureau of Vital Records, D.C. 37 Union Insurance Company, or any other defendant.