White v. Westchester County

Background

Dwayne White filed the action on December 19, 2018, while incarcerated at the Westchester County Jail. He was proceeding without a lawyer and under a status that allowed him to bring the case without paying filing fees.

The court’s January 25, 2019, service order told White that he had to notify the court in writing whenever his address changed and warned that the action could be dismissed if he failed to do so. The court mailed that order, along with instructions for people without lawyers and a blank address-change form, to White.

White filed address-change notices on April 8 and April 18, 2019, identifying correctional facilities in New York. The court later received notice that its October 25, 2019, order concerning a motion to dismiss was returned as undeliverable because White had been released from custody. Information from the state corrections agency’s website indicated that White had been released on August 13, 2019. The opinion states that White had not updated his address since his release.

Order

The court ordered White to update his current address in writing by December 16, 2019. It warned that failure to comply could result in dismissal of the action for failure to prosecute or failure to comply with court orders under Federal Rule of Civil Procedure 41(b). The clerk was directed to mail a copy of the order to White at the address listed on the docket.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied White the status allowing him to proceed without paying appeal fees.

Effect and Classification

This was a procedural order addressing White’s obligation to keep the court informed of his address and his ability to appeal without paying fees. The court did not decide the merits of White’s claims or dismiss the action in this order. Judge Vincent L. Briccetti warned that dismissal could result if White failed to provide his address by the stated deadline.