Kelley v. Colvin et al

Filing 14

Judge Indira Talwani: ORDER entered. This action is DISMISSED without prejudice. Although Kelley provided a notice of change of address in April, he has failed to keep the court informed of his new address as required under this Court's local rules. To date, Kelley also has not paid the filing fee or filed a motion for leave to proceed in forma pauperis. Clerk mails copy of order to Kelley at address listed on cm/ecf docket.(PSSA, 4)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ERIC KELLEY, Plaintiff, v. CAROLYN W. COLVIN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 15-11208-IT ORDER TALWANI, D.J. Eric Kelley (“Kelley”) initiated this action against the Social Security Administration while he was incarcerated at the Suffolk County House of Correction. Kelley did not pay the filing fee or file a motion for leave to proceed without prepayment of the filing fee. The following month, on April 24, 2015, Kelley filed several motions and a notice of change of address advising the court that he will be released to the Shattuck Shelter in Jamaica Plain on April 27, 2015. By Procedural Order dated June 1, 2015, the Court sought to direct Kelley that he must either pay the filing fee or file a motion for leave to proceed in forma pauperis and that failure to do so may result in dismissal of this action. The Clerk mailed a copy of the Procedural Order to Kelley at the Shattuck Day/Work Program at the Shattuck Hospital in Jamaica Plain. The Court’s records indicate that the order was returned to the court as undeliverable. Although Kelley provided a notice of change of address in April, he has failed to keep the court informed of his new address as required under this Court's local rules. See District of 1 Massachusetts Local Rule 83.5.2(e) (requiring pro se litigants to notify the clerk of any change of address). To date, Kelley also has not paid the filing fee or filed a motion for leave to proceed in forma pauperis. Based upon the foregoing, it is hereby ORDERED this action is DISMISSED without prejudice. So ordered. /s/ Indira Talwani Indira Talwani United States District Judge Dated: August 6, 2015 2

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