LANE v. ARTIS et al
MEMORANDUM OPINION AND ORDER granting Pltf an additional 21 days to file his amended complaint; Amended Complaint due by 7/1/2015. Order sent to Pltf at SWSP. Signed by Chief Judge Jerome B. Simandle on 6/11/2015. (drw)n.m.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
RICHARD F. LANE,
HONORABLE JEROME B. SIMANDLE
No. 12-7204 (JBS-JS)
WARDEN MR. ARTIS, et al.,
MEMORANDUM OPINION AND ORDER
SIMANDLE, Chief Judge:
Before the Court is Plaintiff Richard Lane’s request for an
extension of time to file his amended complaint. (Docket Entry
Plaintiff filed this complaint on November 21, 2012
alleging his constitutional right to vote under the First
Amendment was violated by Defendants was a pretrial detainee at
the Burlington County Detention Center. (Docket Entry 1).
Defendants filed a Motion to Dismiss the Complaint
pursuant to Fed. R. Civ. P. 12(b)(6) on September 26, 2014.
(Docket Entry 10).
By Order and Opinion entered on April 28, 2015, this
Court granted Defendants’ motion and dismissed Plaintiff’s
Complaint without prejudice to filing an amended complaint
within 30 days. (Docket Entries 15 and 16).
By letter dated May 20, 2015, Plaintiff requested an
additional 30 days to submit his amended complaint as he did not
receive this Court’s order until May 16, 2015. (Docket Entry
By letter order dated May 27, 2015, this Court granted
Plaintiff an additional three weeks to file his complaint,
making his amended complaint due June 16, 2015. (Docket Entry
Plaintiff wrote another letter to the Court on June 4,
2015 indicating that he had not heard from the Court regarding
his initial request for an extension of time to refile his
amended complaint. (Docket Entry 19).
At the time the Court issued its order dismissing
Plaintiff’s complaint, Plaintiff was incarcerated at Northern
State Prison, Newark, New Jersey. (Docket Entry 3).
Plaintiff’s letters to this Court and the New Jersey
Department of Corrections inmate locator, available at
Plaintiff is now incarcerated at South Woods State Prison,
Bridgeton, New Jersey.
Under Local Civil Rule 10.1(a), an unrepresented party
must advise the Court of any change in address within seven days
of such change by filing a notice of address change with the
Clerk of Court. L. CIV. R. 10.1(a). The Rule further provides
that, failure to file such notice “may result in the imposition
of sanctions by the Court.” Id. Indeed, failure to apprise the
Court of an address change may result in the outright dismissal
of the case for failure to proceed, or an administrative
termination of the action without prejudice. See, e.g., Boretsky
v. Corzine, No. 08-2265, 2008 WL 2512916 (D.N.J. June 23, 2008);
Allebach v. Cathell, No. 06-5005, 2009 WL 2147145 (D.N.J. July
Although Plaintiff apprised the Court on two occasions
of his change in address, (Docket Entries 2 and 3), he failed to
notify the Court of his move to South Woods State Prison,
undoubtedly contributing to the delay in receiving the orders of
In spite of the delay being partially attributable to
Plaintiff’s failure to comply with the local civil rules, in the
interests of justice and for good cause, the Court will grant
Plaintiff an additional twenty-one (21) days to file his amended
complaint. The amended complaint is to be filed no later than
July 1, 2015.
Plaintiff shall immediately file a notice of change of
address with this Court.
Plaintiff is further cautioned that any further
failure to keep this Court apprised of his current address may
result in the dismissal of the complaint or other sanctions.
THEREFORE, IT IS this
ORDERED that Plaintiff is granted an additional twenty-one
(21) days to file his amended complaint; and it is further
ORDERED that the amended complaint shall be filed no later
than July 1, 2015; and it is further
ORDERED that Plaintiff shall immediately file a notice of
change of address with the Clerk of the Court, and that further
failure to notify the Court of address changes may result in
sanctions; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of
the Opinion and Order on Plaintiff by regular mail at South
Woods State Prison.
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?