Stack v. New York City
Stack v. New York City
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID STACK, Plaintiff, 23-CV-7018 (LTS) -against- ORDER OF DISMISSAL NEW YORK CITY and NEW YORK POLICE DEPARTMENT, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated March 13, 2024, the Court directed Plaintiff, within thirty days, to provide the court with an updated address. That order, which was mailed to Plaintiff’s last known address, specified that failure to comply would result in dismissal of the complaint. On April 19, 2024, that order was returned to the court with the following notations, “Return to Sender, Not Deliverable as Addressed, Unable to Forward.” Plaintiff has not notified the court of a change of mailing address and has not initiated any further contact with the court, written or otherwise. Accordingly, the complaint is dismissed without prejudice. See
28 U.S.C. §§ 1914, 1915. CONCLUSION Plaintiff’s complaint is dismissed without prejudice. See
28 U.S.C. §§ 1914, 1915. 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. SO ORDERED. Dated: April 25, 2024 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown