David v. Immigration Department & Immigration Custon Emforcement

Background

The court stated that it had granted Martin James David permission to proceed without paying filing fees on November 28, 2023. On January 2, 2024, the court directed him to file an amended complaint. Both orders were mailed to the address listed in the case record. On January 23, 2024, the order granting permission to proceed without paying filing fees was returned as undeliverable.

Address-update order

The court ordered David to provide his updated address in writing within 30 days of the order. The court explained that under Rule 41(b) of the Federal Rules of Civil Procedure, it may dismiss an action for failure to prosecute when a plaintiff does not provide a new address and the court cannot contact him, after giving notice of that possibility.

The court did not dismiss the action in this order. Instead, it warned that failure to provide the updated address within the 30-day period would result in dismissal of the action without prejudice under Rule 41(b) for failure to prosecute. “Without prejudice” means the dismissal would not bar David from refiling the action.

Appeal-related ruling

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

Disposition

The court ordered David to update his address within 30 days and warned that noncompliance would result in dismissal without prejudice. It also denied fee-free status for an appeal from the order.