Bush v. New York City
- Laura Swain
- 1:23-cv-05386
- U.S. District Court · Southern District of New York
- 2
In Bush v. New York City, Judge Swain dismissed the action without prejudice because Bush did not update his address or respond to court orders.
Anthony Bush’s action against New York City and the other named defendants was dismissed without prejudice. The court also terminated all other pending matters and denied permission to appeal without paying the filing fee.
What happened
In Bush v. New York City, Anthony Bush sued New York City and other defendants while he was incarcerated at the Anna M. Kross Center on Rikers Island. The court had previously given him 60 days to file an amended complaint.
After an order was returned because Bush was no longer at that facility, the court ordered him to provide an updated mailing address within 30 days. That order was also returned, and Bush did not contact the court or comply with its orders.
Judge Laura Taylor Swain dismissed the action without prejudice, meaning the dismissal did not bar refiling. The court also terminated all other pending matters, denied permission to appeal without paying the filing fee, and directed the clerk to enter judgment.
The detailed version
- Bush v. New York City · No. 1:23-cv-05386
- Laura Swain
- Oct. 11, 2023
Background
Anthony Bush filed this action while incarcerated at the Anna M. Kross Center on Rikers Island and in the custody of the New York City Department of Correction. On July 27, 2023, the court gave him 60 days to file an amended complaint.
The court’s July 27 order was returned on August 21, 2023, with a notation that Bush was no longer held at that facility. On August 31, 2023, the court ordered Bush to provide an updated address within 30 days and warned that failure to do so would result in dismissal without prejudice. That order was returned to the court on September 22, 2023. Bush did not provide an updated address, comply with the court’s orders, or contact the court further.
Ruling
The court dismissed the action without prejudice because Bush failed to comply with its orders and failed to notify the court of his change of mailing address. The court terminated all other pending matters and directed the clerk to enter judgment.
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 appeal without paying the filing fee. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.