Bullock v. Eric Unknown
- Laura Swain
- 1:21-cv-01555
- U.S. District Court · Southern District of New York
- 2
In Bullock v. Eric Unknown, Judge Stanton ordered Bullock to update his address within 30 days or face dismissal without prejudice for failure to prosecute.
Rasaun J. Bullock was required to update his address within 30 days; otherwise, the action could be dismissed without prejudice for failure to prosecute. The defendants were not subjected to a merits ruling in this order.
What happened
In Bullock v. Eric Unknown, Rasaun J. Bullock, representing himself, alleged that the defendants evicted him from his apartment. The court had previously given him permission to file an amended complaint because he had not stated facts suggesting that the defendants violated his rights.
The court’s orders were returned because Bullock’s address was insufficient or illegible. The court explained that a plaintiff must notify it of an address change and that failing to do so can justify dismissal for failure to prosecute, meaning failure to move the case forward.
The court directed Bullock to complete, date, and sign a change-of-address form within 30 days. Judge Louis L. Stanton stated that if Bullock did not comply, the court would dismiss the action without prejudice for failure to prosecute; the court did not dismiss the action in this order.
The detailed version
- Bullock v. Eric Unknown · No. 1:21-cv-01555
- Laura Swain
- May 3, 2021
Background
Rasaun J. Bullock, proceeding without a lawyer, alleged that the defendants evicted him from his apartment. The court had previously determined that his complaint did not state facts suggesting that the defendants violated his rights and, on March 5, 2021, gave him permission to file an amended complaint.
The Clerk’s Office mailed that order to Bullock, but the mailing was returned because the address was insufficient. The Clerk’s Office sent the order again to another possible address, and that mailing was also returned. The opinion states that Bullock handwrote his complaint and did not provide a legible description of his address.
Court’s Analysis
The court relied on Rule 41(b) of the Federal Rules of Civil Procedure, which allows a 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 his address changes and that failing to do so can justify dismissal.
Order and Effect
The court ordered Bullock to complete, date, and sign the attached change-of-address form within 30 days of the order’s date. The Clerk of Court was directed to mail the order to the address Bullock had provided and record that service on the docket. The court stated that if Bullock failed to update his address within the time allowed, it would dismiss the action without prejudice for failure to prosecute. This order itself did not dismiss the action. Judge Louis L. Stanton signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.