Dickerson v. City of New York

Background

Issac Dickerson is proceeding without a lawyer. After a telephone conference, the court stated that only the defendants had appeared. The court noted that Dickerson apparently had not received filings mailed to him at the Fort Washington Shelter or at 1000 Blake Avenue, Brooklyn, New York. Counsel for the City of New York described efforts to contact Dickerson by telephone and email, but reported receiving no response.

Order

The court extended Defendant New York City Housing Authority’s deadline to respond to the complaint until January 22, 2021. It directed the parties to appear for a telephone conference on March 5, 2021, at 10:00 a.m., and provided the call-in information.

The court explained that Dickerson was responsible for complying with court orders, diligently prosecuting the case, and informing the court and defendants of address changes. It stated that failing to do so could support dismissal under Federal Rule of Civil Procedure 41(b), which permits dismissal for failure to prosecute. The court ordered the Clerk to mail a copy of the order to Dickerson.

Potential dismissal warning

The court did not dismiss the action in this order. Instead, it stated that if Dickerson failed to appear for the March 5 conference, it would recommend to District Judge Swain that the action be dismissed without prejudice for failure to prosecute. The order did not decide the underlying claims.

Judge and disposition

Magistrate Judge Stewart D. Aaron issued the order. The order extended a response deadline, scheduled a conference, and warned of a possible recommendation for dismissal; it did not itself grant or deny a merits motion.