Thomas et al v. Zion Lutheran School et al

Filing 12

MEMORANDUM AND ORDER. The Court Directs the Clerk of Court to resend the items that were returned to the Court, along with this Order, to the address provided by Thomas. The Court further Orders that the deadline for Thomas to submit an amended complaint is extended. Should this mail be returned, the Court will dismiss this case. Signed by Judge J. Phil Gilbert on 1/29/13. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALBERT THOMAS and ATG, a minor,
Plaintiff,
v.

Case No. 12-cv-1256-JPG-DGW

ZION LUTHERAN SCHOOL, DAVID
KNIEPKAMP, ZION LUTHERAN CHURCH,
GARY BYERS, RICK GOVE, TERRY
MARINO, CATHY RUDOLT and HELEN
MYERS,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. On December 28,
2012, the Court ordered Thomas to show cause why the Court should not dismiss this case under
Federal Rule of Civil Procedure 41(b) because Thomas failed to provide a good mailing address as
required by Local Rule 3.1(b) (Doc. 9). At that time, the United States Postal Service had
returned one item (a Notice and Consent form sent to Thomas when this case was opened) mailed
to Thomas at the address he provided when he filed this case with indications that there was no
such post office box number and that it was unable to forward the piece of mail.
Thomas responded to the order to show cause by providing the same address (Doc. 10).
He attached to his response the envelope in which the order to show cause had been mailed and
delivered to him bearing the same address the United States Postal Service had indicated before
did not exist. Apparently, he was able to receive that piece of mail at the address.
About a week later, the United States Postal Service again returned a piece of mail (the
Court’s order striking Thomas’s complaint (Doc. 6) and the Pro Se Litigant Guide) sent to Thomas
at the address, also with markings that there was no such post office box number and that it was

unable to forward the piece of mail.
It is uncertain whether the address provided by Thomas is a good mailing address, but the
Court will give it one more try. The Court DIRECTS the Clerk of Court to resend the items that
were returned to the Court (the Notice and Consent form, the Court’s December 14, 2012, order
(Doc. 6) and the Pro Se Litigant Guide), along with this order, to the address provided by Thomas.
The Court further ORDERS that the deadline for Thomas to submit an amended complaint is
extended to February 15, 2013. Should this mail be returned, the Court will dismiss this case
pursuant to Federal Rule of Civil Procedure 41(b) for Thomas’s failure to obey a Court order to
keep the Court apprized of his current mailing address.
IT IS SO ORDERED.
DATED: January 29, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE