POWELL v. NILSON
Filing
2
MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 1/30/2017. (TH, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
KEMON POWELL,
Plaintiff,
Civil Action
No. 14-6605 (JBS-JS)
MEMORANDUM OPINION
v.
SGT. E. NILSON,
Defendant.
SIMANDLE, Chief District Judge
1.
Plaintiff Kemon Powell seeks to bring a civil rights
complaint pursuant to the 42 U.S.C. § 1983 against Sergeant E.
Nilson. Complaint, Docket Entry 1. However, mail sent to
Plaintiff at the Atlantic County Justice Facility in another
case brought by Plaintiff was returned as undeliverable on June
2, 2016. See Powell v. Grey, No. 14-5698 (D.N.J. filed Sept. 12,
2014), Docket Entry 3.
2.
Local Civil Rule 10.1(a) requires unrepresented
parties to notify the Court of any change in address within 7
days. 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 15, 2009).
3.
As the Court does not have a current address for
Plaintiff, the matter cannot proceed at this time. The Court
will therefore administratively terminate the proceedings
without prejudice to Plaintiff’s right to reinstate this action
by notifying the Court of his new address within 30 days.
4.
Failure to provide an updated address within 30 days
of the date of this Order may result in the matter being
dismissed for lack of prosecution.
5.
An appropriate Order follows.
January 30, 2017
Date
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
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