MASSARO v. BALICKI et al

Filing 27

MEMORANDUM OPINION FILED. Signed by Judge Noel L. Hillman on 1/5/18. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
:
:
Plaintiff,
:
:
v.
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:
KAREN BALICKI, et al.,
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Defendants.
:
______________________________:
LAWRENCE MASSARO,

Civ. No. 13-6958 (NLH)
MEMORANDUM OPINION

APPEARANCES:
Lawrence Massaro
752-754 W Grand St, Apt 7b
Elizabeth, NJ 07202
Plaintiff Pro se
HILLMAN, District Judge
THIS MATTER having been opened by the Court sua sponte, and
it appearing that:
1.

Plaintiff Lawrence Massaro (“Plaintiff”) filed this

civil rights action in 2013 while he was incarcerated in state
prison.
2.

(ECF No. 1.)
In August 2016, after the case had been

administratively terminated several times for incomplete in
forma pauperis applications, Plaintiff paid the filing fee and
the Court screened the complaint and allowed it to proceed in
part.

(ECF Nos. 22, 23.)

Though summons were issued, it does

not appear that any defendants were served.

3.

In March 2017, Plaintiff filed a new civil action,

which was assigned to the Honorable Michael A. Shipp, U.S.D.J.
in the Trenton vicinage.
1670.

Massaro v. Shah, Civil Action No. 17-

However, because it appeared that the complaint in that

matter was actually an attempt to file an amended complaint in
the instant matter, in September 2017, Judge Shipp entered an
order closing the matter before him and directing the Clerk to
file that complaint as an amended complaint in the matter before
this Court.
4.

(Id. at ECF No. 7.)

In July 2017, while that matter was pending before

Judge Shipp, Plaintiff was released from prison.
https://www20.state.nj.us/DOC_Inmate/details?x=1376212&n=0.
Plaintiff provided an initial notice of change of address when
he was first released from prison, and a second one when he
moved.
5.

(Id. at ECF Nos. 5, 6.)
However, the most recent address he provided, on West

Grand Street in Elizabeth, New Jersey, does not appear to be
current as the copy of Judge Shipp’s September 2017 Order sent
to him there was returned to the Court as undeliverable.

(Id.

at ECF No. 8.)
6.

Local Civil Rule 10.1(a) requires that “[c]ounsel

and/or unrepresented parties must advise the Court of any change
in their or their client’s address within seven days of being

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apprised of such change by filing a notice of said change with
the Clerk.”).
7.

Based on Petitioner’s failure to update his address in

compliance with Local Civil Rule 10.1, the Court will
administratively terminate this matter.

If Petitioner updates

his address and otherwise satisfies all appropriate Rules, the
Court will re-open this action.
8.

An appropriate order follows.

Dated: January 5, 2018
At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

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