Fullewellen v. City of New York
- Vyskocil
- 1:21-cv-07219
- U.S. District Court · Southern District of New York
- 2
In Fullewellen v. City of New York, Judge Vyskocil dismissed the action without prejudice for failure to prosecute after Fullewellen stopped responding.
Larry Fullewellen and the City of New York; the action was dismissed without prejudice, and the case was closed.
What happened
In Fullewellen v. City of New York, Larry Fullewellen sued the City of New York and filed the case without a lawyer. The court had previously dismissed his complaint but allowed him to file an amended complaint within 30 days.
Fullewellen did not file an amended complaint or respond to the court’s later order directing him to explain why the case should not be dismissed. Mail sent to him was repeatedly returned as undeliverable, and he did not update his address with the court.
Judge Mary Kay Vyskocil dismissed the action without prejudice for failure to prosecute and directed the Clerk of Court to close the case. The order imposed no costs on either party.
The detailed version
- Fullewellen v. City of New York · No. 1:21-cv-07219
- Vyskocil
- May 25, 2023
Background
Larry Fullewellen, proceeding without a lawyer, filed this action against the City of New York on August 26, 2021. The City moved to dismiss the complaint. On March 7, 2023, the court granted that motion and gave Fullewellen 30 days to file an amended complaint. The court directed that its opinion and order be mailed to him at the address listed in the case.
The mailed opinion and order was returned as undeliverable because Fullewellen had apparently transferred states. Fullewellen did not file an amended complaint. On April 20, 2023, the court issued an order requiring him to file an amended complaint and a letter explaining why the case should not be dismissed for failure to prosecute, meaning failure to actively pursue the case. No letter was filed.
Court’s Reasoning
The court noted that mail sent to Fullewellen had repeatedly been returned as undeliverable and that it was unsure whether he had received the court’s orders. At the beginning of the case, however, the court had informed him that he was required to notify the court in writing if his address changed and that the case could be dismissed if he failed to do so. Fullewellen had not updated his address, responded to the court’s orders, or taken any other action to prosecute the case.
Disposition
Judge Mary Kay Vyskocil ordered that the action be dismissed without prejudice for failure to prosecute, without costs to either party. “Without prejudice” means the order did not state that refiling was barred. The court also directed the Clerk of Court to mail the order to Fullewellen at the address of record and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.