Nuriddin Toshboltaev v. Judge James R. Knepp II, ICE

Summary

The United States District Court for the Northern District of Ohio dismissed Nuriddin Toshboltaev’s 28 U.S.C. § 2241 habeas petition without prejudice for failure to prosecute. The court found that the petitioner failed to cure a filing-fee deficiency, respond to the court’s order, or provide an updated address after mailings were returned as undeliverable, and certified that an appeal could not be taken in good faith.

Holdings

1. A pro se habeas petitioner’s failure to comply with a readily understood deficiency order requiring payment of the filing fee or submission of a proper in forma pauperis application, after being warned that noncompliance could result in dismissal, supports dismissal without prejudice for failure to prosecute.
2. A pro se litigant has an affirmative duty to notify the court of a change of address, and failure to do so after court mail is returned as undeliverable constitutes an additional basis for dismissal for failure to prosecute.
3. An appeal from the dismissal could not be taken in good faith under 28 U.S.C. § 1915(a)(3).

Questions Presented

1. Whether the court could dismiss the § 2241 petition without prejudice for failure to prosecute after petitioner failed to comply with a deficiency order.
2. Whether petitioner’s failure to update his address after the court’s order was returned undeliverable further supported dismissal for failure to prosecute.
3. Whether an appeal from the dismissal could be certified as not taken in good faith under 28 U.S.C. § 1915(a)(3).

Disposition

dismissed