Doe v. Griffith et al

Filing 10

ORDER Dismissing Plaintiff's 1 Complaint Without Prejudice. Signed by District Judge Matthew F. Leitman. (HRya)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
In Re JOHN DOE
a/k/a Robert Winburn,
Case No. 23-mc-50143
Honorable Matthew F. Leitman

Petitioner,

__________________________________________________________________/
ORDER DISMISSING PLAINTIFF’S
COMPLAINT (ECF No. 1) WITHOUT PREJUDICE
This is a prisoner civil-rights case brought by Plaintiff John Doe, also known
as Robert Winburn. On May 22, 2024, the Court issued an order that (1) granted
Winburn’s motion to amend his Complaint and (2) directed Winburn to file an
Amended Complaint. (See Order, ECF No. 8.) The Court mailed a copy of its order
to Winburn at the address he provided the Court on the same day. (See Dkt.)
On June 3, 2024, the Court’s May 22 order – that the Court had mailed to
Winburn – was returned as undeliverable. (See ECF No. 9.) Thus, it appears that
Winburn has failed to provide the Court his current mailing address as required by
Local Rule 11.2. See E.D. Mich. Local Rule 11.2 (explaining that “[i]f there is a
change in the contact information, [a party] promptly must file and serve a notice
with the new contact information” and warning parties that “[t]he failure to file
promptly current contact information may subject that person or party to appropriate
sanctions, which may include dismissal, default judgment, and costs”).
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The failure by a plaintiff to update his contact information is not a mere
technical violation of the rules. Without a current address or accurate contact
information, the Court has no way of administering this civil action.
Accordingly, because Winburn has failed to comply with Local Rule 11.2 by
updating his current address, IT IS HEREBY ORDERED that Winburn’s
Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 4, 2024
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on June 4, 2024, by electronic means and/or ordinary
mail.
s/Holly A. Ryan
Case Manager
[phone]

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