Jackson v. Doe
- Paul Gardephe
- 1:18-cv-10148
- U.S. District Court · Southern District of New York
- 2
In Kennin Dwayne Jackson v. Captain Moronna, Judge Cave ordered Jackson to update his address or face dismissal without prejudice.
Kennin Dwayne Jackson, whose case could be dismissed without prejudice if he did not update his address within 30 days.
What happened
Kennin Dwayne Jackson v. Captain Moronna involves a complaint filed by Jackson, who was proceeding without a lawyer. The court learned that he had been released from the Connecticut Department of Corrections but did not have a new address for him.
The court gave Jackson 30 days from January 30, 2020, to update his address of record. The court had not yet dismissed the case; it warned that failure to comply would lead to dismissal without prejudice for failure to prosecute.
Judge Sarah L. Cave issued the order. The order addresses the plaintiff’s ability to continue the case, not whether his underlying claims were valid.
The detailed version
- Jackson v. Doe · No. 1:18-cv-10148
- Paul Gardephe
- Jan. 30, 2020
Background
Kennin Jackson filed a complaint against Captain Moronna on October 31, 2018, while representing himself. The court allowed Jackson to proceed without prepaying filing fees and directed him to file an amended complaint. The Clerk’s Office later received notice from the Connecticut Department of Corrections that Jackson had been discharged. The court did not have another address at which to contact him.
Court’s Analysis
The court cited Rule 41(b) of the Federal Rules of Civil Procedure, which allows a federal district court to dismiss an action for failure to prosecute after notifying the plaintiff. The court also cited authority stating that a plaintiff must notify the court when the plaintiff’s address changes and that failing to do so can justify dismissal.
Order and Effect
The court directed Jackson to update his address of record within 30 days of the order. It stated that, if Jackson did not comply, the court would dismiss the action without prejudice for failure to prosecute. The order did not itself dismiss the action and did not decide the merits of Jackson’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.