Latimore v. Dutchess County Sheriff Dept.
- Laura Swain
- 1:24-cv-06654
- U.S. District Court · Southern District of New York
- 2
In Latimore v. Dutchess County Sheriff Dept., Judge Swain dismissed the action without prejudice because Shannon Latimore did not update his address or contact the court.
Shannon Latimore’s action against Dutchess County Sheriff Dept. and the other named defendants; the dismissal was without prejudice, but permission to appeal without prepaying filing fees was denied.
What happened
Latimore v. Dutchess County Sheriff Dept. was dismissed after Shannon Latimore failed to update his address as required by the court’s standing order. The court had ordered him to explain why the case should not be dismissed, but he did not respond or otherwise communicate with the court.
The court dismissed the action without prejudice under Rule 41(b), which allows dismissal when a party does not follow a court order. Latimore may file a new civil action. The court also denied permission to appeal without prepaying filing fees and directed the clerk to enter judgment.
Judge Laura Taylor Swain issued the dismissal because Latimore failed to comply with both the order requiring him to respond and the standing order requiring him to keep his address current.
The detailed version
- Latimore v. Dutchess County Sheriff Dept. · No. 1:24-cv-06654
- Laura Swain
- Feb. 13, 2025
Background
The court had previously directed Shannon Latimore to keep his address current under a standing order concerning self-represented parties. On December 16, 2024, the court ordered Latimore to explain within 30 days why the action should not be dismissed without prejudice because he had not updated his address.
Latimore did not update his address and did not otherwise communicate with the court.
Ruling
The court dismissed the action without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the December 16, 2024 order and the March 18, 2024 standing order. A dismissal without prejudice allows Latimore to file a new civil action.
The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying filing fees. The court directed the clerk to enter judgment.
What the Order Did Not Decide
The opinion addresses Latimore’s failure to comply with court orders. It does not describe or decide the underlying claims against Dutchess County Sheriff Dept. or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.