Best v. ACS

• Court: District Court, S.D. New York
• Decided: June 2, 2023
• Docket: 1:23-cv-03017
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MOTISLA SAHOLAY BEST, Plaintiff, 23-CV-3017 (LTS) -against- ORDER ACS, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff is proceeding in this matter pro se. By order dated April 17, 2023, the Court granted Plaintiff leave to proceed in forma pauperis (IFP). The Clerk’s Office mailed that order to Plaintiff on April 18, 2023, but it was returned as undeliverable on May 31, 2023. Plaintiff has failed to notify the court of a change of mailing address and has not initiated any further contact with the court, written or otherwise. Under Rule 41(b) of the Federal Rules of Civil Procedure, a district court may dismiss an action sua sponte for failure to prosecute after notifying the plaintiff. LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001); see Fields v. Beem, No. 13-CV-0005 (GTS/DEP), 2013 WL 3872834, at *2 (N.D.N.Y. July 24, 2013) (“A plaintiff is required to notify the Court when his address changes, and failure to do so is sufficient to justify dismissal of a plaintiff’s complaint.”) (collecting cases). Accordingly, the Court directs Plaintiff to update her address of record within 30 days of the date of this order. Should Plaintiff fail to comply with this order, the Court will dismiss the action without prejudice for failure to prosecute. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: June 2, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge