Evans v. Walgreens Pharmacy Store
- Laura Swain
- 1:25-cv-03219
- U.S. District Court · Southern District of New York
- 2
In Evans v. Walgreens Pharmacy Store, Judge Swain dismissed the action without prejudice because Evans failed to update his address.
Ivan N. Evans’s action was dismissed without prejudice for failing to update his address and comply with the court’s standing order. His ability to appeal without paying fees was also denied. The opinion does not decide the underlying claims against the defendants.
What happened
Ivan N. Evans filed this action while in custody at the Westchester County Jail. The court had ordered him to explain why the case should not be dismissed after he failed to update his address as required by a standing order for self-represented litigants.
The court’s mail was returned as undeliverable, and Evans did not update his address or otherwise contact the court. The court dismissed the action without prejudice for failing to follow the address-update order, meaning Evans may file a new civil action. The court also denied his request to proceed without paying fees on appeal.
Judge Laura Taylor Swain ordered the clerk to enter judgment and certified that an appeal would not be taken in good faith.
The detailed version
- Evans v. Walgreens Pharmacy Store · No. 1:25-cv-03219
- Laura Swain
- Oct. 31, 2025
Background
Ivan N. Evans filed the complaint while he was in custody at the Westchester County Jail. A March 18, 2024 standing order required self-represented litigants to notify the court whenever their address or electronic contact information changed.
On October 9, 2025, the court directed Evans to show cause within 30 days why the action should not be dismissed without prejudice because he had not updated his address as required. The clerk mailed that order to Evans at the Westchester County Jail, but the mailing was returned as undeliverable. Evans did not update his address or otherwise communicate with the court.
Ruling
Under Rule 41(b) of the Federal Rules of Civil Procedure, the court dismissed the action for failure to comply with the March 18, 2024 standing order. The dismissal was without prejudice to Evans’s 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 and denied Evans permission to appeal without paying the applicable fees. The court directed the clerk to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.