Long v. Griffin
- Nelson Roman
- 7:18-cv-09654
- U.S. District Court · Southern District of New York
- 3
In Long v. Griffin, Judge Roman dismissed Maurice V. Long’s action without prejudice for failing to prosecute after losing contact with the court.
Maurice V. Long’s action against Thomas Griffin, Dr. Frederick Bernstein, Emily Williams, Mr. Ali Ece, and Dr. Robert Bentivegna was dismissed without prejudice.
What happened
In Long v. Griffin, the court ordered pro se plaintiff Maurice V. Long to explain why his claims against Thomas Griffin, Dr. Frederick Bernstein, Emily Williams, Mr. Ali Ece, and Dr. Robert Bentivegna should not be dismissed for failing to pursue the case. The court mailed that order to Long’s correctional-facility address, but it was returned because the address was insufficient.
The court found that Long had been released on parole, had not provided a new address or contact information, and had not communicated with the court for more than six months. Without current contact information, the court said the case could not proceed and appeared to have been abandoned.
Judge Nelson S. Roman dismissed the action without prejudice for failure to prosecute. The clerk was directed to close the case and mail the order to Long’s last known address.
The detailed version
- Long v. Griffin · No. 7:18-cv-09654
- Nelson Roman
- Nov. 28, 2022
Background
Maurice V. Long, proceeding without a lawyer, brought claims against Thomas Griffin, Dr. Frederick Bernstein, Emily Williams, Mr. Ali Ece, and Dr. Robert Bentivegna. On September 30, 2022, the court issued an order requiring Long to explain by October 26, 2022, why the claims should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court warned that failing to comply would result in dismissal.
The court mailed the order to Long at the Wyoming Correctional Facility. The mailing was returned on October 18, 2022, marked “Return To Sender Insufficient Address Unable To Forward.” The court stated that records showed Long had been released on parole on September 13, 2022, but that he had not provided the court with updated address or contact information. The court also stated that Long had not communicated with it for more than six months.
Court’s reasoning
The court explained that people proceeding without lawyers must keep the court and the opposing parties informed of address changes. Because the court could not contact Long, it concluded that the case could not proceed without his participation. The court further stated that Long’s failure to maintain current contact information, together with his lack of communication, made it appear that he had abandoned the case.
Disposition
Judge Nelson S. Roman dismissed the action without prejudice for want of prosecution. The clerk was directed to terminate the action, mail a copy of the order to Long at his last known address, and record service on the docket.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.