Correa v. Ginty

Background

Anthony Correa initially brought this action jointly with two other plaintiffs on July 24, 2020. The court later severed the plaintiffs’ claims and ordered Correa to proceed as the sole plaintiff. Correa notified the court that his address was Downstate Correctional Facility. The opinion states that he did not update his address afterward.

Failure to Prosecute and Follow Court Orders

The court repeatedly ordered Correa to notify it in writing if his address changed and warned that failing to do so could result in dismissal. On February 22 and 23, 2021, mail sent to Correa at Downstate was returned with a notation that he was “No Longer Here.” The court also noted that the New York State Department of Corrections and Community Supervision inmate database indicated that Correa was released from Collins Correctional Facility on December 30, 2020.

Correa did not oppose the defendants’ pending motions to dismiss, despite an extension granted by the court. On April 8, 2021, the court ordered Correa to provide his current address by May 10, 2021. The order warned that failure to respond would cause the court to deem the case abandoned and dismiss it for failure to prosecute or comply with court orders. That order was returned on April 15, 2021, marked “No Longer Here.”

Disposition

After considering the factors identified in Lucas v. Miles, the court dismissed the case with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders. The opinion does not decide the merits of Correa’s claims or the defendants’ pending motions to dismiss. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk was instructed to close the case.