Rossman v. Gembicki et al

Filing 9

ORDER ADOPTING AS MODIFIED REPORT AND RECOMMENDATION 5 , (Written Opinion). Signed by Judge Wilhelmina M. Wright on 01/24/2017. (TJB) cc: Plaintiff. Modified on 1/24/2017 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Brud Rossman,

Case No. 16-cv-2875 (WMW/FLN)
Plaintiff,
ORDER ADOPTING AS MODIFIED
REPORT AND RECOMMENDATION

v.
Mark Gembicki, Chairman and Chief
Architect; John Doe-1; John Doe-2; and
John Doe-3,
Defendants.

This matter is before the Court on the October 31, 2016 Report and
Recommendation of United States Magistrate Judge Janie S. Mayeron. (Dkt. 5.) No
objections to the Report and Recommendation have been filed in the time period
permitted. 1 Based on the Report and Recommendation and all the files, records and
proceedings herein, IT IS HEREBY ORDERED:
1.

The

Report

and

Recommendation,

(Dkt. 5),

is

ADOPTED

AS

MODIFIED as outlined herein.

1

The Clerk of Court twice mailed the Report and Recommendation to Plaintiff’s
last known address, and both times the United States Postal Service returned the mailing
and stamped the envelopes “not deliverable” or “attempted – not known” and “unable to
forward.” On November 9, 2016, the Clerk of Court also telephoned Plaintiff at the
telephone number included with the complaint and left a voicemail requesting Plaintiff’s
updated contact information. The Court will no longer wait for Plaintiff to update his
contact information. See Passe v. City of New York, No. CV 02-6494, 2009 WL 290464,
at *4 (E.D.N.Y. Jan. 5, 2009) (explaining that it is a plaintiff’s responsibility to provide
updated contact information to ensure the timely receipt of case-related communications).

2.

Plaintiff’s complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE

for failure to contain “a short and plain statement of the grounds for the court’s
jurisdiction.” Fed. R. Civ. P. 8(a)(1). The Court declines to address the alternative bases
for dismissal outlined in the Report and Recommendation.
3.

Plaintiff’s application to proceed in forma pauperis, (Dkt. 2), is DENIED

AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 24, 2017

s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge

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