Jackson v. Doe
- Paul Gardephe
- 1:18-cv-10148
- U.S. District Court · Southern District of New York
- 2
In Kennin Jackson v. Captain Maronna, Magistrate Judge Cave recommended dismissing the action without prejudice because Jackson failed to update his address and prosecute it.
Kennin Jackson’s action against Captain Maronna was recommended for dismissal without prejudice because Jackson did not update his address or otherwise prosecute the case.
What happened
Kennin Jackson filed a complaint against Captain Maronna and was allowed to proceed without paying filing fees. The court later directed Jackson to file an amended complaint.
After learning that Jackson had been discharged from the Connecticut Department of Corrections, the court ordered him to update his address within 30 days. Jackson did not provide a new address, and the court had no other way to communicate with him.
Magistrate Judge Sarah L. Cave recommended dismissing the case without prejudice for failure to prosecute. The opinion recommends dismissal rather than entering the dismissal itself.
The detailed version
- Jackson v. Doe · No. 1:18-cv-10148
- Paul Gardephe
- Mar. 20, 2020
Background
Kennin Jackson filed a complaint against Captain Maronna on October 31, 2018. The court allowed Jackson to proceed without prepaying filing fees and directed him to file an amended complaint. The opinion describes Jackson as representing himself.
On January 23, 2020, the Clerk’s Office received notice from the Connecticut Department of Corrections that Jackson had been discharged. The court did not have another address for him. On January 30, 2020, Magistrate Judge Sarah L. Cave directed Jackson to update his address within 30 days and warned that the court would recommend dismissal for failure to prosecute if he did not do so. Jackson did not update his address.
Legal standard
The opinion states that Federal Rule of Civil Procedure 41(b) permits a district court to dismiss an action for failure to prosecute after notifying the plaintiff. It also cites authority stating that a plaintiff must notify the court when an address changes and that failing to do so can justify dismissal.
Recommendation and effect
Magistrate Judge Sarah L. Cave recommended that the matter be dismissed without prejudice. The opinion is an order recommending dismissal, so it does not state that the district court entered the dismissal itself. “Without prejudice” means the recommendation does not bar refiling based solely on that dismissal.
Disposition
Recommended dismissal without prejudice for failure to prosecute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.