FARRELL v. ORTIZ et al

Filing 19

MEMORANDUM OPINION & ORDER directing the Clerk to 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; ORDERED that Defendants' motion for judgment on the pleadings 16 is TERMINATED without prejudice. Signed by Judge Robert B. Kugler on 2/13/2020. (dmr)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JAMES MICHAEL FARRELL,
Plaintiff,

Civil Action
No. 17-13585 (RBK)

v.
WARDEN ORTIZ, et al.,

MEMORANDUM
OPINION & ORDER

Defendants.
ROBERT B. KUGLER, U.S.D.J.
This matter comes before the Court by way of Plaintiff’s Amended Complaint.

On

February 5, 2020, the post office returned mail sent to Plaintiff on or about January 7, 2020, as
undeliverable, as Plaintiff was released or transferred from FCI Fort Dix. (ECF No. 18). Plaintiff
has not contacted the Court in the intervening time to provide an updated address.
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., Allebach v. Cathell, No. 06-5005, 2009 WL
2147145 (D.N.J. July 15, 2009); Boretsky v. Corzine, No. 08-2265, 2008 WL 2512916 (D.N.J.
June 23, 2008).
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 and pending motions,
without prejudice to Plaintiff’s right to reinstate this action by notifying the Court and Defendant(s)

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 dismissal of this matter for lack of prosecution.
THEREFORE, it is on this 13th

day of February 2020,

ORDERED that the Clerk of the Court 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 Defendants’ motion for judgment on the pleadings (ECF No. 16), is
TERMINATED without prejudice; 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 further
ORDERED that the Clerk of the Court shall serve a copy of this Memorandum Opinion
and Order on Plaintiff at his last known address by regular mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

2