JONES v. SOCIAL SECURITY ADMINISTRATION
Filing
9
MEMORANDUM OPINION & ORDER that Plaintiff's complaint is DISMISSED; the MOTION to Dismiss by SOCIAL SECURITY ADMINISTRATION 8 is DENIED AS MOOT; Clerk of the Court shall mark this matter as CLOSED. Signed by Judge Noel L. Hillman on 11/28/2017. (tf, n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BRADFORD L. JONES,
Plaintiff,
1:16-cv-01303-NLH
MEMORANDUM OPINION & ORDER
v.
SOCIAL SECURITY
ADMINISTRATION,
Defendant.
APPEARANCES:
BRADFORD L. JONES
828 BLACKWOOD CLEMENTON ROAD
APT 108
PINE HILL, NJ 08021
Appearing pro se
GRAHAM CHARLES MORRISON
SOCIAL SECURITY ADMINISTRATION
26 FEDERAL PLAZA
ROOM 3904
NEW YORK, NY 10278
On behalf of Defendant
HILLMAN, District Judge
WHEREAS, on March 7, 2016, the complaint of Plaintiff, who is
proceeding pro se, was removed to this Court by Defendant; and
WHEREAS, Plaintiff filed his complaint in the Superior Court
of New Jersey, Law Division, Special Civil Part, Camden County,
against the SSA for a total of $15,000, for “participation/group
collaboration conspiracy – violation of federal law of robbing a
1
mentally man (me) doing well for himself. Mental/emotional abuse –
oppression law violation – many constitutional rights violated 1)
life liberty pursuit of happiness 2) privacy violation 3) fair and
equal treatment. Dependent adult financial abuse law violation”
(Docket No. 1-1); and
WHEREAS, at the time Plaintiff filed his complaint, Plaintiff
indicated that his address was 828 Blackwood Clementon Road,
Apartment 108, Pine Hill, New Jersey 08021; and
WHEREAS, on March 23, 2016, a notice of filing (“NEF”) mailed
to Plaintiff by the Clerk’s Office was returned as undeliverable,
with a notation “Moved – Address Unknown – Return to Sender”
(Docket No. 7); and
WHEREAS, pursuant to L. Civ. R. 10.1(a) litigants have an
affirmative duty to inform the Court of their current address and
to inform the Court of any changes within seven days, and if a
litigant fails to do so, the complaint is subject to being struck
by the Clerk; and
WHEREAS, on March 28, 2016, Defendant filed a motion to
dismiss Plaintiff’s complaint, 1 arguing that the complaint should be
dismissed pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject
1
Defendant filed a certificate of service that a copy of its
motion was mailed to Plaintiff at his Pine Hill address. (Docket
No. 8 at 3.) The docket does not reflect whether that delivery was
returned to Defendant.
2
matter jurisdiction because the complaint lacks any allegations
that the SSA, as a federal agency, has waived its sovereign
immunity as to Plaintiff’s claims, and that the complaint should be
dismissed pursuant to Rule 12(b)(6) by failing to set forth
virtually any facts to support his claims (Docket No. 8); and
WHEREAS, the Court finds that Defendant’s motion is moot
because of Plaintiff’s failure to provide the Court with his
current address;
THEREFORE,
IT IS HEREBY on this
28th
day of
November , 2017
ORDERED that Plaintiff’s complaint be, and the same hereby
is, DISMISSED for his failure to comply with Local Civil Rule
10.1; and it is further
ORDERED that the MOTION to Dismiss by SOCIAL SECURITY
ADMINISTRATION [8] be, and the same hereby is, DENIED AS MOOT; and
it is further
ORDERED that the Clerk of the Court shall mark this matter as
CLOSED.
s/ Noel L. Hillman
NOEL L. HILLMAN
United States District Judge
At Camden, New Jersey
3
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