MOORE v. OWENS et al

Filing 6

MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 1/30/2017. (dmr)(n.m.)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

BRIAN A. MOORE,
Petitioner,

Civil Action
No. 16-8845(JBS)

v.
MEMORANDUM OPINION
DAVID OWENS, ET AL.,
Respondents.

SIMANDLE, Chief District Judge
1.

On November 28, 2016, Petitioner Brian A. Moore filed

a petition for writ of habeas corpus pursuant to 28 U.S.C. §
2254. Docket Entry 1.
2.

Mail sent to Petitioner at his listed address was

returned as undeliverable on January 4, 2017. Docket Entry 5.
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).

4.

As the Court does not have a current address for

Petitioner, the petition cannot continue at this time. The
petition shall be administratively terminated without prejudice
to Petitioner’s right to reopen the matter upon informing the
Court of his current address within 30 days.
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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