Rossmann v. Cowles et al

Filing 6

ORDER granting 1 MOTION for Leave to Proceed in forma pauperis filed by Brud Rossmann, Motions terminated: 1 MOTION for Leave to Proceed in forma pauperis filed by Brud Rossmann., FINDINGS AND RECOMMENDATIONS re 2 Complaint IFP/Prisoner filed by Brud Rossmann. () Signed by Magistrate Judge Jeremiah C. Lynch on 12/5/2016. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
BRUD ROSSMANN,

CV 16-49-BU-BMM-JCL

Plaintiff,
ORDER, and FINDINGS
AND RECOMMENDATION

vs.
JOHN COWLES, and
JOHN DOES 1 - 3,
Defendants.

Plaintiff Brud Rossmann, appearing pro se, filed a motion requesting leave
to proceed in forma pauperis. Rossmann submitted a declaration that makes the
showing required by 28 U.S.C. § 1915(a). Because it appears he lacks sufficient
funds to prosecute this action IT IS HEREBY ORDERED that Rossmann’s
motion is GRANTED. This action may proceed without prepayment of the filing
fee, and the Clerk of Court is directed to file Rossmann’s lodged Complaint as of
the filing date of his request to proceed in forma pauperis.
Rossmann filed his complaint in this matter on September 27, 2016. He
identified his mailing address as: c/o Sawtooth Capital, LLC, 814 W. Copper St.,
Butte, Montana 59701.
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On September 28, 2016, the Court mailed a document — Notice of Case
Opening — through the United States Postal Service addressed to Rossmann at the
Copper St. address set forth above. The content of the Notice advises a litigant of
various procedural matters, including a litigant’s obligation to inform the Court of
any change of address. That Notice, however, was returned to the Court on
October 4, 2016, by the United States Postal Service with the notation:
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
(Doc. 4.)
On October 4, 2016, the Court then resent the Notice of Case Opening
document to Rossmann at the same address in care of Sawtooth Capital LLC. But
on October 11, 2016, the United States Postal Service returned that mailing to the
Court stamped with the same notation stated above.
Since the Court’s mailings described above have been returned to the Court,
and because Rossmann has not informed the Court of any change of address, this
action is now subject to dismissal. The Local Rules for the District of Montana
provide as follows:
(b) Dismissal Due to Failure to Notify. The Court may dismiss a complaint
without prejudice or strike an answer when:

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(1) a document directed to the attorney or self-represented party by
the court has been returned to the court as not deliverable; and
(2) the court fails to receive within 60 days of this return a written
communication from the attorney or self-represented party indicating
a current address for service.
L.R. 5.2(b).
The Notice of Case Opening document that the Court mailed to Rossmann
was returned to the Court on October 4, 2016, as undeliverable. Within the 60-day
period following that date, and as of the date of this recommendation, Rossmann
has not provided the Court with a written notice informing it of his change of
address.
Therefore, IT IS HEREBY RECOMMENDED that this action be
DISMISSED without prejudice pursuant to L.R. 5.2(b).
DATED this 5th day of December, 2016.

Jeremiah C. Lynch
United States Magistrate Judge

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