White v. Warner Music Group
- Laura Swain
- 1:22-cv-07414
- U.S. District Court · Southern District of New York
- 2
White v. Warner Music Group: Chief Judge Swain dismissed White’s complaint without prejudice after he failed to update his address.
Brian K. White’s case was dismissed without prejudice, and he was denied permission to proceed without prepaying fees for an appeal. The opinion does not describe the underlying claims.
What happened
In White v. Warner Music Group, Brian K. White had been given 60 days to file an amended complaint. The court’s order was returned because he no longer lived at the address he had provided, and he did not give the court a new address or contact it further.
The court dismissed White’s complaint without prejudice because he failed to update his address. The court also said that any effort to continue the claims would require a request for reconsideration, an updated address, and a request to cancel the dismissal order.
Chief Judge Laura Taylor Swain directed the clerk to enter judgment. She also ruled that an appeal would not be taken in good faith and denied White permission to proceed without paying filing fees for an appeal.
The detailed version
- White v. Warner Music Group · No. 1:22-cv-07414
- Laura Swain
- July 12, 2023
Background
The court had previously given White 60 days to file an amended complaint. On June 8, 2023, the earlier order was returned because White no longer lived at the address he had provided and the Postal Service could not forward the mailing. White had not supplied an updated address or contacted the court by the time of the dismissal order.
Ruling
The court dismissed White’s complaint without prejudice because he failed to update the court with his new address. “Without prejudice” means the dismissal did not bar him from seeking to pursue the claims again. The court stated that, to pursue the claims asserted in the action, White would have to seek reconsideration under Rule 59(e) or Rule 60(b) of the Federal Rules of Civil Procedure, provide an updated address, and ask the court to vacate the dismissal order.
The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The court directed the clerk to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.