SMITH v. COUNTY OF CAPE MAY et al
Filing
11
OPINION. Signed by Judge Renee Marie Bumb on 12/3/2020. (rtm, )(nm)
Case 1:16-cv-01866-RMB-JS Document 11 Filed 12/03/20 Page 1 of 2 PageID: 73
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
_______________
:
KHAMAL SMITH,
:
:
Civ. No. 16-1866 (RMB/JS)
Plaintiff
:
:
v.
:
OPINION
:
COUNTY OF CAPE MAY, et al.,
:
:
Defendants
:
:
By Order dated November 16, 2020, this civil rights action
was reopened upon settlement of the class action in Dearie v.
County of Cape May et al., 15-8785 (RMB/JS), and is no longer
stayed or consolidated under In Re Cape May County Correctional
Center, 15-8745 (RMB/JS). After Plaintiff was granted permission
to proceed in forma pauperis under 28 U.S.C. § 1915, and the action
was consolidated with Civil Action No. 15-8745 (RMB/JS) and stayed
in April 2016, legal mail sent to Plaintiff Khamal Smith was
returned to the Court as undeliverable. (Dkt. Nos. 8, 9.) Plaintiff
has never notified the Court of his new address.
I.
DISCUSSION
Local Civil Rule 10.1(a) provides, in relevant part:
unrepresented parties must advise the Court of
any change in their . . . address within seven
days of being apprised of such change by
filing a notice of said change with the Clerk.
Failure to file a notice of change may result
in the imposition of sanctions by the Court.
Case 1:16-cv-01866-RMB-JS Document 11 Filed 12/03/20 Page 2 of 2 PageID: 74
Dismissing a complaint without prejudice is an appropriate
remedy for noncompliance with this rule.
See Archie v. Dept. of
Corr., Civ. No. 12-2466 (RBK/JS), 2015 WL 333299, at *1 (D.N.J.
Jan. 23, 2015) (collecting cases). Mail sent to Plaintiff’s last
known address was returned. (Dkt. Nos. 8, 9.) To date, Plaintiff
has not informed the Court of his new address.
II.
CONCLUSION
The Court will order that Plaintiff show cause why this case
should not be dismissed pursuant to Local Civil Rule 10.1
An appropriate order follows.
Dated: December 3, 2020
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE
2
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