Sowell v. Kelly

Background

The court had previously allowed Randy Sowell to file an amended complaint. The Clerk’s Office mailed that order to the Vernon C. Bain Center, a New York City Department of Correction facility that had since closed.

In a prior related proceeding, the Clerk’s Office received a postcard from Sowell stating that he had been transferred from Rikers Island to New Jersey. He did not provide a forwarding address. Public records from the Cape May County Sheriff’s Office indicated that he was detained at the Cape May Correctional Facility.

Address-update order

Federal Rule of Civil Procedure 41(b) permits a court to dismiss a case for failure to prosecute, meaning a plaintiff has not taken required steps to move the case forward. The court explained that failing to notify the court of a new address can support dismissal when the court cannot contact the plaintiff.

The court ordered Sowell to update his address in writing within 30 days of the order’s date. The Clerk of Court was directed to mail the order to him at the Cape May Correctional Facility.

Ruling

The court did not dismiss the case at this time. Instead, it warned that failure to provide the updated address within 30 days would result in dismissal of the action without prejudice under Rule 41(b) for failure to prosecute. “Without prejudice” means the order stated that refiling would not be barred by that dismissal.

Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the filing fees. The opinion does not decide the underlying claims against the defendants.