Tamicko D. Murray McIver v. Search for Change Mental Health Housing, et al.
- Laura Swain
- 1:25-cv-01542
- U.S. District Court · Southern District of New York
- 2
In Tamicko D. Murray McIver v. Search for Change Mental Health Housing, Chief Judge Swain dismissed the action without prejudice for failing to update her address.
Tamicko D. Murray McIver’s action was dismissed without prejudice after she failed to update her address or otherwise communicate with the court. The order also denied fee-free status for an appeal.
What happened
Tamicko D. Murray McIver sued Search for Change Mental Health Housing and other defendants. The court had ordered her to explain why the case should not be dismissed after she failed to update her address as required by a standing order for people representing themselves.
The court said McIver had not updated her address or otherwise contacted the court. It dismissed the action under Rule 41(b) for failing to follow the court’s order. The dismissal was without prejudice, so the order allowed her to file a new civil action.
Chief Judge Swain also ruled that an appeal would not be taken in good faith and denied fee-free appeal status. She directed the Clerk of Court to enter judgment.
The detailed version
- Tamicko D. Murray McIver v. Search for Change Mental Health Housing, et al. · No. 1:25-cv-01542
- Laura Swain
- Oct. 6, 2025
Background
The court had previously ordered Tamicko D. Murray McIver to show why the action should not be dismissed without prejudice. The order followed McIver’s failure to update her address as required by the court’s March 18, 2024 Standing Order, which requires self-represented litigants to tell the court about changes to their address or electronic contact information.
The court gave McIver 30 days to respond to the show-cause order dated July 2, 2025. The opinion states that she did not update her address and did not otherwise communicate with the court.
Ruling
Chief United States District Judge Laura Taylor Swain 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 McIver filing a new civil action.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied fee-free appeal status and 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.