Shabazz v. Graham et al

Filing 7

ORDER OF DISMISSAL: Accordingly, the Court dismisses this action, under Rule 41(b) of the Federal Rules of Civil Procedure, for failure to comply with the March 18, 2024 Standing Order. This dismissal is without prejudice to Plaintiff's filin g a new civil action. 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 in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United Stat es, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. (Signed by Chief Judge Laura Taylor Swain on 5/9/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DANNY AMEN VALENTINE SHABAZZ,
-against-

Plaintiff,

AUBREY DRAKE GRAHAM, ET AL.,

23-CV-9228 (LTS)
ORDER OF DISMISSAL

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated April 1, 2024, the Court directed Plaintiff to show cause within 30 days
why this action should not be dismissed without prejudice because he did not update his address
with the court, as directed in the court’s March 18, 2024 Standing Order, requiring all selfrepresented litigants to inform the court of each change of address or electronic contact
information. See In Re: Cases Filed By Pro Se Plaintiffs, This Matter Relates To: Duty of SelfRepresented Parties to Keep Address Information Current, No. 24-MC-127 (LTS) (S.D.N.Y.
Mar. 18, 2024) (“Standing Order”).
Plaintiff has not updated his address or otherwise communicated with the court.
Accordingly, the Court dismisses this action, under Rule 41(b) of the Federal Rules of Civil
Procedure, for failure to comply with the March 18, 2024 Standing Order. This dismissal is
without prejudice to Plaintiff’s filing a new civil action.
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 in forma pauperis 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).

The Court directs the Clerk of Court to enter judgment in this action.
SO ORDERED.
Dated:

May 9, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

2