Pyakurel v. Genalo
- Laura Swain
- 1:24-cv-08620
- U.S. District Court · Southern District of New York
- 2
In Pyakurel v. Genalo, Judge Swain dismissed the action without prejudice after Pyakurel failed to keep his address current.
The action brought by Govinda Pyakurel was dismissed without prejudice. The court also denied permission to appeal without paying filing fees; the order allows Pyakurel to file a new civil action.
What happened
In Pyakurel v. Genalo, the court had ordered Govinda Pyakurel, who was representing himself, to keep his address and electronic contact information current. The court later directed him to explain why the case should not be dismissed after he failed to update his address.
The Clerk’s Office twice received the court’s order back as undeliverable. Although Pyakurel updated his address once, he did not update it again or otherwise communicate with the court after June 11, 2025.
Judge Laura Taylor Swain dismissed the action under Rule 41(b) for failing to comply with the court’s address-update order. The dismissal was without prejudice, so Pyakurel may file a new civil action. The court also denied him permission to appeal without paying filing fees and directed the Clerk to enter judgment.
The detailed version
- Pyakurel v. Genalo · No. 1:24-cv-08620
- Laura Swain
- Aug. 12, 2025
Background
Govinda Pyakurel was proceeding without a lawyer. A March 18, 2024 Standing Order required self-represented litigants to inform the court whenever their address or electronic contact information changed.
On April 15, 2025, the court ordered Pyakurel to show cause—meaning to explain—within 30 days why the action should not be dismissed without prejudice because he had not updated his address as required. The Clerk’s Office mailed that order to the address on file, but it was returned as undeliverable on May 22, 2025. Pyakurel updated his address on May 23, 2025, and the Clerk’s Office resent the order. That mailing was also returned as undeliverable on June 11, 2025. Pyakurel did not update his address again or otherwise communicate with the court after that date.
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 dismissal was without prejudice to Pyakurel filing a new civil action. The opinion does not address the underlying claims against the defendants.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and therefore denied permission to appeal without paying filing fees. It directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.