Gillespie v. Lincoln County, Montana et al

Filing 7

ORDER and FINDINGS AND RECOMMENDATIONS re 1 Complaint filed by Brian John Gillespie. () Signed by Magistrate Judge Jeremiah C. Lynch on 7/26/2017. (APP) Copy mailed to Gillespie

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
BRIAN JOHN GILLESPIE,

CV 17-60-M-DLC-JCL

Plaintiff,
ORDER and FINDINGS AND
RECOMMENDATION

vs.
LINCOLN COUNTY SHERIFF’S
OFFICE; LINCOLN COUNTY
MONTANA; LINCOLN COUNTY
DEPUTY SHERIFF JOHN DOE,
Defendants.

Pro se Plaintiff Brian John Gillespie filed his Complaint in this case on May
5, 2017. (Doc. 1). He identified his mailing address as: W1222 70th St., Maidden
Rock, Wisconsin, 54750. On 5, 2017, the Court mailed a document – Notice of
Case Opening – through the United States Postal Service to Gillespie at the
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. The Notice, however, was returned to the Court on May 15,
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2017, by the United States Postal Service with the notation:
RETURN TO SENDER
NO MAIL RECEPTACLE
UNABLE TO FORWARD
(Doc. 6).
Because the Court’s mailing described above was returned to the Court, and
because Gillespie has not informed the Court of any change of address, this action
is now subject to dismissal. Rule 5.2 of the Local Rules for the District of
Montana provide as follows:
(a) Address Changes. An attorney or self-represented party whose e-mail,
post office box or physical mailing address changes while an action is
pending must promptly file with the court and serve upon all other parties a
Notice of Change of Address specifying the new address for service.
(b) Dismissal Due to Failure to Notify. The court may dismiss a complaint
without prejudice or strike an answer when:
(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.
The Notice of Case Opening that the Court mailed to Gillespie was returned
to the Court on May 15, 2017, as undeliverable. Within the 60-day period
following that date, and as of the date of this recommendation, Gillespie has not
provided the Court with a written notice informing it of his change of address.

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Therefore, IT IS HEREBY RECOMMENDED that this action be
DISMISSED without prejudice pursuant to L.R. 5.2(b).
Furthermore, IT IS ORDERED that the preliminary pretrial conference set
for August 1, 2017 is VACATED.
DATED this 26th day of July, 2017.

Jeremiah C. Lynch
United States Magistrate Judge

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