Cano v. Hanna
- Laura Swain
- 1:21-cv-07338
- U.S. District Court · Southern District of New York
- 2
In Cano v. Hanna, Judge Swain dismissed Cano’s complaint without prejudice for failure to prosecute and denied appeal fee-waiver status.
The order dismissed Christopher Hiram Cano’s complaint without prejudice and denied him fee-waiver status for an appeal; it also directed entry of judgment in the case.
What happened
In Cano v. Hanna, Christopher Hiram Cano, who was representing himself, sued Christine Hanna and others, claiming that they violated his rights. He had been detained at Rikers Island when he filed the complaint and later stopped communicating with the court.
The court ordered Cano to provide an updated mailing address within 30 days and warned that failing to do so would lead to dismissal without prejudice. Cano did not update his address or contact the court further.
Judge Laura Taylor Swain dismissed the complaint without prejudice for failure to prosecute. She also denied Cano fee-waiver status for an appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Cano v. Hanna · No. 1:21-cv-07338
- Laura Swain
- Oct. 5, 2022
Background
Christopher Hiram Cano, proceeding without a lawyer and requesting permission to proceed without paying filing fees, brought an action against Christine Hanna and other defendants. The opinion states that Cano claimed the defendants violated his rights. When he filed the complaint, he was detained at the North Infirmary Command on Rikers Island.
Cano asked the court for copies of documents in a March 15, 2022 letter. The Clerk’s Office mailed him a letter about the fees required to process that request, but the letter was returned as undeliverable on March 30, 2022. Cano did not notify the court of a new mailing address and did not contact the court again.
Court’s Order
On August 31, 2022, the court ordered Cano to update his address within 30 days. The order warned that failing to comply would result in dismissal without prejudice for failure to prosecute, meaning failure to move the case forward. Cano did not comply with that order, update his address, or make further contact with the court.
Disposition
Judge Laura Taylor Swain dismissed Cano’s complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court also certified that an appeal would not be taken in good faith and denied Cano permission to proceed without paying fees for 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.