Cano v. Hanna

Background

Christopher Hiram Cano filed this action without a lawyer on August 31, 2021. The opinion states that Cano was then in the custody of the New York City Department of Correction and is currently being held at Mid-Hudson Psychiatric Center. Because Cano initially filed without a prisoner authorization form, the court ordered her to submit one, and she complied.

Cano later requested copies of case documents and the docket sheet. The court mailed those materials to an address shown on Cano’s letters, but the mailing was returned as undeliverable. The court then ordered Cano to update her address within 30 days and warned that failure to do so would result in dismissal without prejudice for failure to prosecute. After receiving no response, the court dismissed the action without prejudice on October 5, 2022.

Motion for Reconsideration

On September 18, 2023, Cano moved for reconsideration and submitted attachments totaling 1,006 pages. She asserted that she had not failed to prosecute and that defendants had maliciously prevented or interfered with her efforts to continue the case and communicate with the court.

Ruling

The court granted Cano’s motion for reconsideration. It vacated the October 5, 2022 order of dismissal and the related civil judgment, and directed the Clerk of Court to reopen the case. The court did not decide Cano’s underlying claims, stating that they would be addressed in due course. No summons was to issue at that time.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied in forma pauperis status, meaning permission to proceed without paying the usual filing fees, for purposes of an appeal.