Dickerson v. New York City
- Laura Swain
- 1:23-cv-06387
- U.S. District Court · Southern District of New York
- 2
In Dickerson v. New York City, Judge Swain dismissed the action without prejudice after Dickerson failed to amend his complaint or update his address.
Jason Dickerson’s action was dismissed without prejudice, and all other pending matters in the case were terminated. The defendants were affected by the termination of the action.
What happened
In Dickerson v. New York City, Jason Dickerson was ordered to file an amended complaint within 60 days. The court’s order was returned because he was no longer at the facility where he had been held, and he did not provide a new address.
The court dismissed the action without prejudice because Dickerson did not follow the order, update his mailing address, or contact the court. The court also ended all other pending matters and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain stated that any appeal would not be taken in good faith and denied Dickerson permission to appeal without paying court fees.
The detailed version
- Dickerson v. New York City · No. 1:23-cv-06387
- Laura Swain
- Mar. 13, 2024
Background
Jason Dickerson filed this action while he was incarcerated at the Anna M. Kross Center on Rikers Island and in the custody of the New York City Department of Correction. On January 2, 2024, the court ordered him to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
The order was returned to the court on February 5, 2024, with a notation that it could not be delivered because Dickerson was no longer held at that facility. Dickerson did not comply with the order, notify the court of a new mailing address, or contact the court further.
Ruling
The court dismissed the action without prejudice. It also terminated all other pending matters and directed the Clerk of Court to enter judgment. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying court fees. The dismissal was based on Dickerson’s failure to comply with the court’s order and keep the court informed of his address; the opinion does not address the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.