Blocker v. State of Georgia et al

Filing 16

OPINION AND ORDER denying 15 Motion to Vacate Judgment. Signed by Judge William S. Duffey, Jr on 1/22/2015. (anc)

on December 13, 2013, returned as undeliverable.1 (See [6]). On the outside of
the envelope, someone crossed out “Atlanta, GA 30301” and handwrote “Decatur,
GA 30032.” (See id.).
On December 16, 2013, a second copy of the December 5th Order was
mailed to Plaintiff at “P.O. Box 720, Atlanta, GA 30301,” addressed exactly as it
appears on the Civil Cover Sheet Plaintiff filed with his IFP Application and
Complaint. That copy was, on December 30, 2013, returned as undeliverable.
(See [7]).
On December 31, 2013, a third copy of the December 5th Order was mailed
to Plaintiff at “P.O. Box 720, Decatur, GA 30032,” and was, on January 13, 2014,
returned as undeliverable. (See [8]).
On January 22, 2014, the Court ordered [9] (“January 22nd Order”) that this
action be dismissed without prejudice pursuant to Rule 41.2C of the Court’s Local
Rules, which provides that “[t]he failure . . . of a party appearing pro se to keep the
clerk’s office informed of any change in address and/or telephone number which
causes a delay or otherwise adversely affects the management of the case shall
constitute grounds . . . for dismissal of the action without prejudice.”
(January 22nd Order at 2).
It is not clear why the Memorial Drive address was included, though the
Court notes that this is the address of the DeKalb County Jail.

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A copy of the January 22nd Order was mailed to Plaintiff at “P.O. Box 720,
Atlanta, GA 30301,” and was, on February 19, 2014, returned as undeliverable.
(See [13]).
On March 5, 2014, Plaintiff filed his Motion, requesting that the Court
vacate its January 22nd Order because the notice of the December 5th Order was
incorrectly mailed to “P.O. Box 720, Decatur, GA 30032” instead of the correct
address of “P.O. Box 720, Atlanta, GA 30301.”
The mailing record in this case shows that the mailing address given by
Plaintiff has been used to send mail to Plaintiff, all of which has been returned as
undeliverable. Notice of the December 5th Order was mailed to Plaintiff at the
“P.O. Box 720, Atlanta, GA 30301” address--the address to which he still demands
mail be sent. (See [7]). The copy of the December 5th Order mailed to “P.O. Box
720, Atlanta, GA 30301” was, on December 30, 2013, returned as undeliverable.
(Id.). A copy of the Court’s January 22nd Order also was mailed to Plaintiff at
“P.O. Box 720, Atlanta, GA 30301.” (See [13]). It too was returned, on
February 19, 2014, as undeliverable. (See id.). The Court has thus sent two
separate orders to Plaintiff at the address he provided in his IFP Application and
Complaint and which he provided again in his March 5, 2014, Motion. Both
mailings were returned as undeliverable.

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As noted in the Court’s January 22nd Order, Plaintiff has failed “to keep the
clerk’s office informed of any change in address and/or telephone number which
causes a delay or otherwise adversely affects the management of the case . . . .”
LR 41.2 C., NDGa. The Court can only conclude, having two orders mailed to
“P.O. Box 720, Atlanta, GA 30301” returned as undeliverable, that Plaintiff has
changed his address, no longer maintains this P.O. Box, or the address is otherwise
insufficient for the delivery of mail. The Court concludes that Plaintiff’s “incorrect
address” argument is insufficient for the Court to vacate its January 22nd Order,
including because it was sent to the address to which Plaintiff states it was required
to be sent.
For the foregoing reasons,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Vacate Judgment
[15] is DENIED.

SO ORDERED this 22nd day of January, 2015.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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