Ross v. Harrell
- Laura Swain
- 1:22-cv-01386
- U.S. District Court · Southern District of New York
- 2
In Ross v. Harrell, Judge Swain dismissed Darnell Ross’s complaint without prejudice after he failed to follow filing instructions and update his mailing address.
Darnell Ross and the seven other individuals listed as plaintiffs were affected by the dismissal; Ross was also denied permission to proceed without paying the fee for an appeal.
What happened
In Ross v. Harrell, the court had directed Darnell Ross to pay the required filing fee or submit a completed request to proceed without paying it. The court also required him to resubmit the complaint’s signature page.
The court’s order was returned as undeliverable to the address Ross had provided. Ross did not notify the court of a new address or make further contact, so the court dismissed his complaint without prejudice. A footnote also states that the seven other individuals listed as plaintiffs were dismissed.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Ross permission to proceed without paying the appeal fee.
The detailed version
- Ross v. Harrell · No. 1:22-cv-01386
- Laura Swain
- Apr. 20, 2022
Background
The court had previously directed Plaintiff Darnell Ross, within 30 days, either to pay the $400 filing fee required to bring a civil action or to submit a completed application to proceed without paying the fee. The court also directed Ross to resubmit the complaint’s signature page.
Court’s Ruling
The prior order was returned to the court as undeliverable at the mailing address Ross had provided. The court stated that Ross had not complied with the prior order, had not notified the court of a change of address, and had not made further contact with the court. The court therefore dismissed the complaint without prejudice. A footnote states that the court also dismissed the seven individuals listed in the complaint as plaintiffs.
The court certified that any appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.