Montgomery v. NYC Department of Corrections

Background

Harold Montgomery filed a complaint without a lawyer under 42 U.S.C. § 1983, alleging a violation of his federal constitutional rights. The opinion states that he was detained at the Manhattan Detention Complex when he filed the action. The caption identifies the defendants as MDC Warden Sherma Dunbar and the City of New York.

The court scheduled an initial status conference and mailed the scheduling order to the address Montgomery had provided. The mail was returned as undeliverable because Montgomery was no longer at the Manhattan Detention Complex. The court later ordered Montgomery to update his address within 30 days and warned that failure to do so could result in dismissal without prejudice. That order was also returned as undeliverable. The court stated that Montgomery had not updated his address and that it was unclear whether he intended to continue with the action.

Ruling

The court held that Rule 41(b) of the Federal Rules of Civil Procedure permits dismissal for a plaintiff’s failure to update an address and failure to prosecute, meaning failure to move the case forward. Judge Ronnie Abrams dismissed the action without prejudice under Rule 41(b) and directed the Clerk of Court to close the case. The opinion does not decide the merits of Montgomery’s constitutional claim.