Stack v. New York City
- Laura Swain
- 1:23-cv-07018
- U.S. District Court · Southern District of New York
- 2
In Stack v. New York City, Chief Judge Swain dismissed the complaint without prejudice after Stack failed to provide an updated address.
David Stack’s complaint against New York City, the New York Police Department, and other defendants was dismissed without prejudice. The court also denied permission to appeal without paying the filing fee.
What happened
In Stack v. New York City, the court had directed David Stack to provide an updated mailing address within 30 days. The order was sent to his last known address.
The order was returned as undeliverable, and Stack did not notify the court of a new address or contact the court in any other way. The opinion does not address the underlying claims.
Chief Judge Laura Taylor Swain dismissed Stack’s complaint without prejudice and directed the Clerk of Court to enter judgment. The court also denied permission to appeal without paying the filing fee, finding that an appeal would not be taken in good faith.
The detailed version
- Stack v. New York City · No. 1:23-cv-07018
- Laura Swain
- Apr. 25, 2024
Background
David Stack sued New York City, the New York Police Department, and other defendants. The opinion does not describe the claims underlying the complaint.
Address Order
On March 13, 2024, the court ordered Stack to provide an updated address within 30 days. The order was mailed to his last known address and warned that failing to comply would result in dismissal of the complaint. On April 19, 2024, the mail was returned to the court marked, “Return to Sender, Not Deliverable as Addressed, Unable to Forward.” Stack had not reported a change of address and had not otherwise contacted the court.
Ruling
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice. The opinion does not reach or decide the merits of Stack’s underlying claims. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied permission to appeal without paying the filing fee. The court directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.