Khan v. Carter
- Laura Swain
- 1:21-cv-08993
- U.S. District Court · Southern District of New York
- 2
Khan v. Carter was dismissed without prejudice after Khan failed to update his address; Judge Swain also denied appeal-fee waiver status.
Ghengis Khan’s complaint was dismissed without prejudice, and his permission to proceed without paying the fee for an appeal was denied. The opinion does not decide the underlying claims against Warden Carter or the other defendants.
What happened
Ghengis Khan filed a complaint while detained at the Vernon C. Bain Center and received permission to proceed without paying court fees. After he was released, court mail sent to the detention center was returned as undeliverable.
The court had ordered Khan to provide an updated mailing address within 30 days. He did not comply, notify the court of a new address, or contact the court further.
In Ghengis Khan v. Warden Carter, et al., Judge Laura Taylor Swain dismissed the complaint without prejudice. Judge Swain also ruled that any appeal would not qualify for permission to proceed without paying the appeal fee.
The detailed version
- Khan v. Carter · No. 1:21-cv-08993
- Laura Swain
- Jan. 18, 2022
Background
Ghengis Khan filed the complaint while detained at the Vernon C. Bain Center. On November 7, 2021, the court granted him permission to proceed without paying the filing fee. The order granting that permission was mailed to him at the detention center but returned as undeliverable.
On December 6, 2021, the court ordered Khan to update his address within 30 days. That order was also returned as undeliverable on December 28, 2021. Khan did not comply with the order, notify the court of a change of address, or contact the court further. The opinion states that he had been released by the time of the dismissal order.
Ruling
The court dismissed Khan’s complaint without prejudice because he failed to maintain a current mailing address and did not comply with the court’s order. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address any other requirements for a future case.
The court also certified that an appeal would not be taken in good faith and denied Khan permission to proceed without paying the appeal fee. The Clerk of Court was directed to mail Khan a copy of the order and record service on the docket. The court noted that the mailing would likely also be returned.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.