Dunn v. Sullivan Co. Jail
Dunn v. Sullivan Co. Jail
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT L. DUNN, SR., Plaintiff, 20-CV-3081 (CM) -against- ORDER OF DISMISSAL SULLIVAN COUNTY JAIL, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiff, while incarcerated in the Sullivan County Jail, filed this pro se action. By order dated May 14, 2020, the Court directed Plaintiff, within thirty days, to resubmit the signature page of the complaint with an original signature. That order specified that failure to comply would result in dismissal of the complaint. On June 15, 2020, the order was returned to the Court with a notation on the envelope indicating that Plaintiff is no longer held at that facility. Plaintiff has not complied with the Court’s order and has failed to notify the Court of a change of mailing address.1 Accordingly, the complaint is dismissed without prejudice. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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.
1 On May 28, 2020, the Court received a letter from Plaintiff stating that he was going to be released from custody. (ECF No. 8.) But Plaintiff did not provide a forwarding address and has not initiated any further contact with the Court. 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: July 27, 2020 ; New York, New York Bu. ly Wyk COLLEEN McMAHON Chief United States District Judge
Reference
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