Casby v. Jackson
- Laura Swain
- 1:23-cv-11295
- U.S. District Court · Southern District of New York
- 2
In Casby v. Jackson, Judge Swain dismissed the complaint without prejudice after plaintiff failed to submit required signed documents.
Cyrus Casby, also known as Original Mann; the complaint was dismissed without prejudice for failing to comply with the court’s filing order.
What happened
In Casby v. Jackson, Cyrus Casby, also known as Original Mann, was required to submit a signed complaint, an application to proceed without paying fees, and a prisoner authorization using his legal name. He did not submit those documents by the deadline set by the court.
Instead, he sent a letter under the name “Original Mann.” The letter was not a response to the court’s order and had dried blood on it, so the U.S. Marshals Service took possession of it and destroyed it. The letter was not docketed or considered.
Judge Laura Taylor Swain dismissed the complaint without prejudice because Casby did not follow the court’s order. The court also denied permission to appeal without paying filing fees, directed the clerk to enter judgment, and said no further documents would be accepted in the case except documents directed to the Second Circuit.
The detailed version
- Casby v. Jackson · No. 1:23-cv-11295
- Laura Swain
- May 1, 2024
Background
Cyrus Casby, also known as “Original Mann,” brought the case against Curtis Jackson and other defendants. The opinion states that Casby was representing himself and was incarcerated in Florida.
On March 19, 2024, the court ordered Casby to submit, within 30 days, a signed complaint, an application to proceed without paying the filing fee, and a prisoner authorization. The court required him to use his legal name rather than “Original Mann” and warned that failing to comply would result in dismissal.
Compliance with the Court’s Order
Casby did not submit the required documents. On April 26, 2024, he instead submitted a letter under the name “Original Mann.” The court found that the letter did not respond to the March 19 order and noted that it had dried blood on it. The U.S. Marshals Service took possession of the letter and destroyed it; the letter was not docketed or acted upon.
Ruling
The court dismissed the complaint without prejudice because Casby failed to comply with the March 19 order by submitting the required signature pages. The court cited Federal Rule of Civil Procedure 11(a).
The court directed that no further documents would be accepted in the case, except documents directed to the Second Circuit. It stated that if Casby filed additional documents, the court would direct him to explain why he should not be barred from filing further documents in the action.
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 the filing fee. Judge Laura Taylor Swain directed the clerk to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.