Kellier v. Berke
- Laura Swain
- 1:22-cv-02504
- U.S. District Court · Southern District of New York
- 2
In Kellier v. Berke, Judge Swain dismissed the complaint without prejudice because Kellier failed to update his address as ordered.
Joshua Kellier’s complaint was dismissed without prejudice. The court also denied fee-free status for an appeal and directed entry of judgment.
What happened
In Kellier v. Berke, the court dismissed Joshua Kellier’s complaint after court mail was returned as undeliverable.
The court had ordered Kellier to update his address within 30 days and warned that failing to do so would lead to dismissal. Kellier did not update his address or contact the court.
Judge Laura Taylor Swain dismissed the complaint without prejudice under Rule 41(b). The court also denied fee-free status for an appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Kellier v. Berke · No. 1:22-cv-02504
- Laura Swain
- Sept. 21, 2022
Background
The court had granted Joshua Kellier permission to proceed without paying the filing fee. The order was later returned as undeliverable. The court then directed Kellier to update his address of record within 30 days and warned that failing to comply would result in dismissal.
Ruling
Kellier did not contact the court to update his address. The court dismissed the complaint without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the court’s order.
The court certified under 28 U.S.C. § 1915(a)(3) 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. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.