Jones v. Air Wisconsin

Filing 12

MEMORANDUM OPINION AND ORDER For the reasons noted within, 10 Motion to Reopen Case is DENIED. Signed by Judge William M Acker, Jr on 3/23/16. (SAC ) *Order placed in first class mail to pro se Plaintiff.

FILED
2016 Mar-23 PM 03:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LAWANDA J. JONES,
Plaintiff,
v.
AIR WISCONSIN,
Defendant.

}
}
}
}
}
}
}
}
}

CIVIL ACTION NO.
2:15-cv-1620-WMA

MEMORANDUM OPINION AND ORDER
On January 13, 2016, the court dismissed plaintiff’s action
without prejudice because she failed to file an amended complaint,
as twice ordered. (Doc. 7). On March 16, 2016, plaintiff filed a
motion to reopen the case (Doc. 10), stating that she never
received the court’s orders because she moved to a new address and
suspects that the postal service threw away her mail sent to the
old address. The court’s docket shows that most of the orders sent
to plaintiff were returned as undeliverable.
“A party has a duty to keep the Court informed of his/her
address.” Taylor v. Dist. Dir., INS, No. 8:05-cv-1718T-30EAJ, 2006
WL 2092316, at *1 (M.D. Fla. July 26, 2006); see also Lewis v.
Conners Steel Co., 673 F.2d 1240, 1243 (11th Cir. 1982) (finding it
“fair and reasonable for the plaintiff . . . to assume the burden
of advising . . . of address changes”). Plaintiff’s failure to
comply with the court’s orders is not excused by her failure to
keep the court apprised of her current address. Further, she still

1

has not filed an amended complaint, as twice ordered by the court.
Plaintiff’s motion to reopen the case (Doc. 10) is accordingly
DENIED.
DONE this 23rd day of March, 2016.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

2