Floyd v. Rosen

Background

The court had granted the defendants’ motion to dismiss on May 9, 2022. It dismissed John Floyd, III’s claims without prejudice and gave him 30 days to file an amended complaint addressing the problems identified in the court’s earlier opinion and order. The court warned that failing to meet the deadline could lead to dismissal of the case with prejudice.

Floyd was proceeding without a lawyer and without paying the filing fee. When the earlier order was mailed, the docket listed his address as Lakeview Shock Incarceration Correctional Facility in Brocton, New York. Three days after that mailing, the court received a letter from Floyd stating that his address had changed to 3 Wilcox Avenue in Middletown, New York. The Clerk of Court mailed the earlier order to both addresses, but both packages were returned as undeliverable and unable to be forwarded.

Failure to Prosecute

On June 28, 2022, the court issued an order requiring Floyd to explain by July 31, 2022 why the case should not be dismissed for failure to prosecute, meaning failure to move the case forward. The order warned that the case could be dismissed without further notice. The court directed that the order be mailed to both addresses. The Brocton mailing was returned as undeliverable.

As of the date of the opinion, Floyd had not filed an amended complaint, updated his mailing address, or explained why the case should not be dismissed. The court considered the factors governing dismissal for failure to prosecute, including the length of the delay, whether Floyd had been warned, possible prejudice to the defendants, the court’s need to manage its docket, Floyd’s opportunity to be heard, and whether a lesser penalty would be adequate.

Ruling

The court concluded that these factors supported dismissal. Floyd had been given the opportunity to amend his complaint three months earlier and had received two warnings that failing to file an amended complaint or respond to court orders could result in dismissal. The court acknowledged that Floyd might not have received the orders, but attributed that problem to his failure to keep his mailing address current. It stated that the case could not proceed if the court and defense counsel could not contact him.

Judge Kenneth M. Karas dismissed the case without prejudice for failure to prosecute. The Clerk of Court was directed to mail the order to both listed addresses and then close the case.