PHILLIPS v. OWENS et al
MEMORANDUM OPINION FILED. Signed by Chief Judge Jerome B. Simandle on 2/28/17. (js)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
No. 16- 7985 (JBS-AMD)
WARDEN DAVID OWENS ; CAMDEN
COUNTY CORRECTION DEPARTMENT,
SIMANDLE, Chief District Judge
On October 28, 2016, Plaintiff Jerry Phillips
submitted a civil complaint alleging violations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Mail sent to Plaintiff at his listed address was
returned as undeliverable on February 24, 2017. Docket Entry 3.
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. 065005, 2009 WL 2147145 (D.N.J. July 15, 2009).
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.
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.
An appropriate Order follows.
February 28, 2017
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
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