Ivan N. Evans v. Walgreens Pharmacy Store, et al.
Ivan N. Evans v. Walgreens Pharmacy Store, et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IVAN N. EVANS, Plaintiff, -against- 25-CV-3219 (LTS) WALGREENS PHARMACY STORE, ET ORDER OF DISMISSAL AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff was in custody at the Westchester County Jail when he filed this complaint. By order dated October 9, 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 order to Plaintiff at the Westchester County Jail, but it was returned as undeliverable. 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: October 30, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown