TOUSSAINT v. CAVALRY PORTFOLIO SERVICE

Background

Fritz Gerald Toussaint, who was proceeding without a lawyer, originally filed this action in the United States District Court for the Eastern District of Pennsylvania. The case was transferred to the Southern District of New York. The complaint did not include the $405 filing fee or a completed and signed request to proceed without prepaying court fees.

The Eastern District of Pennsylvania’s transfer order was mailed to Toussaint but returned as undeliverable. Toussaint had not notified the Southern District of New York of a new address, had not agreed to receive court documents electronically, and had not made any further written submissions. The opinion also noted that, in an earlier related proceeding, the Eastern District of Pennsylvania had required Toussaint to provide a valid mailing address or email address before filing additional pleadings or civil actions there.

Court’s Order

The court directed Toussaint to provide his new address in writing within 30 days of the order. It warned that, if he failed to comply, the court would dismiss this action without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. A dismissal without prejudice would leave open the possibility of refiling under the conditions stated by the court.

The court did not dismiss the action in this order. It also provided a consent form that Toussaint could use to receive notices and documents electronically. The clerk was directed to docket the order and provide a copy if Toussaint appeared at the court’s pro se intake unit, but not to mail the order because he had not supplied a valid mailing address.

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied payment-free status for purposes of an appeal.