Pyakurel v. Genalo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GOVINDA PYAKUREL, Plaintiff, 24-CV-8620 (LTS) -against- ORDER OF DISMISSAL KENNETH GENALO, et al., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated April 15, 2025, 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 self- represented 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 Self- Represented Parties to Keep Address Information Current, No. 24-MC-127 (LTS) (S.D.N.Y. Mar. 18, 2024) (“Standing Order”). The Clerk’s Office mailed the April 15, 2025 order to Plaintiff’s address on file, and on May 22, 2025, the Clerk’s Office received notice that the order was returned as undeliverable. On May 23, 2025, Plaintiff updated his address with the court, and the Clerk’s Office resent the April 15, 2025 order to Plaintiff at his new address. On June 11, 2025, the Clerk’s Office received notice that the April 15, 2025 order was returned to the court as undeliverable. Since June 11, 2025, 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: August 12, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge