Harris v. Adams
- Laura Swain
- 1:23-cv-08427
- U.S. District Court · Southern District of New York
- 1
In Harris v. Adams, Judge Swain dismissed the action without prejudice because Harris did not follow an order about his mailing address or electronic service.
Kiven Harris's action against Eric Adams and the other named defendants was dismissed without prejudice. Any appeal would not qualify for fee-free status under the court's ruling.
What happened
In Harris v. Adams, Kiven Harris sued Eric Adams and other defendants. The opinion does not describe the underlying claims.
The court had given Harris 60 days to provide his current mailing address or agree to receive court documents electronically. The court warned that failing to do so could result in dismissal.
Harris did not comply, so the court dismissed the action without prejudice. Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Harris v. Adams · No. 1:23-cv-08427
- Laura Swain
- Jan. 26, 2024
Background
The court had previously ordered Kiven Harris to take one of two actions within 60 days: provide the court with his current mailing address or state that he consented to electronic service of court documents. The court warned that failure to comply would lead to dismissal of the action.
Ruling
Harris did not comply with the October 20, 2023 order. The court therefore dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b). “Without prejudice” means the dismissal does not itself bar refiling the action.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. It directed the clerk to enter judgment dismissing the action without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.