BARTEE v. PORTO et al

Filing 14

MEMORANDUM, OPINION 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 Plaintiffs right to reinstate this action by notifying the Court and defendants of his new address within 30 days. nm 10/6. Signed by Judge Robert B. Kugler on 10/5/17. (jbk, )

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

RAYMOND L BARTEE, JR,
Plaintiff,

Civil Action
No. 17-0685 (RBK-JS)

v.
MEMORANDUM OPINION
JOHN C. PORTO, et al.,
Defendants.

Kugler, District Judge
1.

On February 1, 2017, defendant John C. Porto removed to this Court a civil rights

complaint filed by Raymond L. Bartee, Jr. in the Superior Court of New Jersey.
2.

This Court granted the motion to dismiss filed by Judge Porto on the basis of

judicial immunity on March 30, 2017. The complaint remained pending against the other named
defendants.
3.

Mail sent to plaintiff was returned as undeliverable on April 11, 2017. Plaintiff

has not contacted the Court in the intervening time to provide an updated address.
4.

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. 082265, 2008 WL 2512916 (D.N.J. June 23, 2008); Allebach v. Cathell, No. 06-5005, 2009 WL
2147145 (D.N.J. July 15, 2009).

5.

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 and defendants of his
new address within 30 days.
6.

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.
7.

An appropriate Order follows.

Date: October 5, 2017
s/Robert B. Kugler
ROBERT B. KUGLER
U.S. District Judge

2

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

RAYMOND L BARTEE, JR,
Civil Action
No. 17-0685 (RBK-JS)

Plaintiff,
v.

ORDER
JOHN C. PORTO, et al.,
Defendants.
Mail sent to plaintiff having been returned as undeliverable on April 11, 2017; and
Plaintiff having failed to provide the Court with a new address; and for the reasons explained in
the Memorandum Opinion of today’s date; and for good cause shown;
IT IS this 5th

day of October 2017, hereby

ORDERED that the Clerk shall ADMINISTRATIVELY TERMINATE this matter for
failure to comply with Local Civil Rule 10.1(a), without prejudice to reinstatement should
Plaintiff notify the Court of his changed address within thirty (30) days from entry of this Order;
and it is further
ORDERED that failure to comply with this Order may result in the matter being
dismissed for lack of prosecution; and it is finally
ORDERED that the Clerk shall serve a copy of this Opinion and Order on Plaintiff at his
last known address by regular mail.

s/Robert B. Kugler
ROBERT B. KUGLER
U.S. District Judge