Bradford v. Commonwealth of Massachusetts Department of the Trial Court

Filing 7

Judge Nathaniel M. Gorton: ORDER entered. If Bradford wishes to proceed with this action, he must, within thirty-five days of the date of this order (1) pay the $400 filing fee; or (2) file a renewed motion for leave to proceed in forma pauperi s in which he explains how he affords or is provided the basic necessities of life. Failure to comply with this directive will result in dismissal of the action without prejudice. [Mailed to plaintiff on 5/25/2018 with copy of 12/4/17 order and IFP application.] (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
GERARD M. BRADFORD,
Plaintiff,
v.
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE TRIAL COURT,
Defendant.

)
)
)
)
)
)
)
)
)
)

Civil Action No.
17-12245-NMG

ORDER
GORTON, J.
For the reasons stated below, the Court orders that
plaintiff Gerard M. Bradford pay the $400 filing fee or file a
renewed motion for leave to proceed in forma pauperis within
thirty-five (35) days of the date of this order.
I.

Background
Bradford, who is proceeding pro se, commenced this

employment discrimination action on November 13, 2017 by filing a
complaint against his employer and a motion for leave to proceed
in forma pauperis.
In an order dated December 4, 2017 (Dkt. No. 4), the Court
denied the motion for leave to proceed in forma pauperis without
prejudice, explaining that Bradford needed to provide additional
information concerning his income or assets.

The Court warned

Bradford that failure file a renewed motion for leave to proceed
in forma pauperis or pay the $400 filing fee within twenty-one
(21) days would result in dismissal of the action without
prejudice.

A copy of the order was mailed to Bradford at his

address of record: 1415 Commonwealth Avenue, #302, Brighton, MA

02135.
The deadline for complying with the Court’s order expired
without any response from Bradford.

The copy of the order the

Clerk had mailed to Bradford was returned on December 18, 2017.
The Clerk has recently learned of Bradford’s current mailing
address in Illinois and has changed the information on the docket
accordingly.
II.

Discussion
Under this Court’s Local Rules, “[a]ny party who appears pro

se must provide the clerk and all parties a mailing address at
which service upon the pro se party can be made.” L.R. 83.5.5(e)
(D. Mass.).

Further, a pro se litigant must inform the clerk and

all parties of any change of address.

L.R. 83.5.5(h).

“Any

notice sent by the clerk or any party to a pro se party shall be
deemed delivered and properly served if sent to the most recent
address or e-mail address provided by the pro se party.”

Id.

Although the copy of the December 4, 2017 order that was
sent to Bradford was returned as undeliverable, under Local Rule
83.5.5(h), it is deemed to have been properly served because it
was sent to the most recent address provided by the plaintiff.
Because Bradford failed to comply with that order, the Court
could dismiss his action without prejudice on that ground.
Nonetheless, because the clerk, through his own initiative,
has discovered the plaintiff’s current address, it is in the
interest of justice to give Bradford additional time to respond
to the December 4, 2017 order.
2

III. Conclusion
Accordingly, if Bradford wishes to proceed with this action,
he must, within thirty-five days of the date of this order
(1) pay the $400 filing fee; or (2) file a renewed motion for
leave to proceed in forma pauperis in which he explains how he
affords or is provided the basic necessities of life.

Failure to

comply with this directive will result in dismissal of the action
without prejudice.
The Clerk shall provide Bradford with a copy of the December
4, 2017 order.
So ordered.
/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge
Dated: 5/24/18

3