Fasano v. City of New York
- Laura Swain
- 1:23-cv-09416
- U.S. District Court · Southern District of New York
- 1
In Fasano v. City of New York, Judge Swain dismissed the case without prejudice after Fasano failed to provide an address or choose electronic service.
Anthony Fasano's action against the City of New York and the other named defendants was dismissed without prejudice; any appeal was denied fee-free status.
What happened
In Fasano v. City of New York, the court had ordered Anthony Fasano to provide his current mailing address or say whether he agreed to receive court documents electronically. He had 60 days to respond.
Fasano did neither. The court therefore dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b), meaning the dismissal did not bar refiling based on the order’s stated terms.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal. She directed the clerk to enter judgment dismissing the action.
The detailed version
- Fasano v. City of New York · No. 1:23-cv-09416
- Laura Swain
- Mar. 14, 2024
Background
By an order entered December 8, 2023, the court directed Anthony Fasano to notify the court in writing within 60 days either of his current mailing address or whether he consented to electronic service of court documents. The order stated that failing to comply would result in dismissal of the action without prejudice.
Ruling
The court found that Fasano had not provided his mailing address and had not notified the court whether he consented to electronic service. Under Federal Rule of Civil Procedure 41(b), the court dismissed the action without prejudice for that failure to comply.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal and directed the clerk to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.