Shabazz v. Graham
- Laura Swain
- 1:23-cv-09228
- U.S. District Court · Southern District of New York
- 2
In Shabazz v. Graham, Judge Swain dismissed the action without prejudice because Shabazz failed to update his address as ordered.
Danny Amen Valentine Shabazz’s action was dismissed without prejudice for failure to comply with the court’s address-update order. The court allowed him to file a new civil action but denied fee-free status for an appeal.
What happened
In Shabazz v. Graham, Danny Amen Valentine Shabazz’s action was subject to an order requiring him to keep the court informed of changes to his address or electronic contact information. The court previously gave him 30 days to explain why the case should not be dismissed because he had not updated his address.
Shabazz did not update his address or otherwise communicate with the court. The court therefore dismissed the action under Rule 41(b) of the Federal Rules of Civil Procedure for failing to comply with the address-update order.
The dismissal was without prejudice, so the order allowed Shabazz to file a new civil action. The court also denied fee-free status for an appeal, directed the clerk to enter judgment, and issued the order through Chief Judge Laura Taylor Swain.
The detailed version
- Shabazz v. Graham · No. 1:23-cv-09228
- Laura Swain
- May 9, 2024
Background
The court had issued a standing order requiring self-represented litigants to inform the court of each change to their address or electronic contact information. On April 1, 2024, the court directed Danny Amen Valentine Shabazz to explain within 30 days why his action should not be dismissed without prejudice because he had not updated his address as required.
Court’s Ruling
Shabazz did not update his address and did not otherwise communicate with the court. The court dismissed the action under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the March 18, 2024 standing order. The court stated that the dismissal was without prejudice to Shabazz’s filing a new civil action.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. It also directed the clerk to enter judgment. Chief Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.