Fernandez v. Bourhill
- Vincent Briccetti
- 7:20-cv-03404
- U.S. District Court · Southern District of New York
- 2
In Fernandez v. Bourhill, Judge Briccetti dismissed the case after Fernandez failed to update his address or follow court orders.
The dismissal ended Jeffrey Fernandez's case against Correction Officer D. Bourhill because Fernandez did not update his address or respond to the court's orders.
What happened
Fernandez v. Bourhill involved a complaint filed by Jeffrey Fernandez while he was incarcerated and representing himself. The defendant was served, and the court granted several extensions for the defendant to answer.
The court ordered Fernandez to provide his current address by January 7, 2021, and warned that failing to do so could lead to dismissal. The court's mailed orders were returned as undeliverable, and Fernandez did not respond or update his address.
Judge Vincent L. Briccetti ruled that Fernandez had abandoned the case and dismissed it for failure to prosecute and comply with court orders under Federal Rule of Civil Procedure 41(b). The clerk was instructed to close the case.
The detailed version
- Fernandez v. Bourhill · No. 7:20-cv-03404
- Vincent Briccetti
- Jan. 20, 2021
Background
Jeffrey Fernandez filed the complaint dated April 20, 2020, while incarcerated and proceeding without a lawyer. The opinion states that he was also proceeding without paying the filing fee. The defendant, identified in the caption as Correction Officer D. Bourhill, was served with the summons and complaint on September 18, 2020.
Procedural History
Bourhill requested and received multiple extensions of time to answer. On November 17, 2020, the court ordered Fernandez to update his current address in writing by January 7, 2021. The court warned that failure to comply could result in dismissal for failure to prosecute or failure to comply with court orders.
The court mailed that order to the address on the docket, but the mail was returned as undeliverable on December 15, 2020. The court repeated the address-update requirement in another order that same day, again warning of possible dismissal. That order was also returned as undeliverable on January 19, 2021. The opinion states that Fernandez had not complied with or responded to either order.
Ruling
Applying the factors identified in Lucas v. Miles, the court deemed Fernandez to have abandoned the case. Judge Vincent L. Briccetti dismissed the case for failure to prosecute and comply with court orders under Federal Rule of Civil Procedure 41(b), which allows dismissal when a plaintiff does not move the case forward or obey court orders. The clerk was instructed to close the case.
The opinion does not state whether the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.