THROWER v. MONMOUTH COUNTY CORRECTIONAL CENTER et al

Filing 11

OPINION. Signed by Judge Mary L. Cooper on 10/18/2012. (gxh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CURTIS THROWER,

CIVIL ACTION NO. 10-5062 (MLC)
O P I N I O N

Plaintiff,
v.
WILLIAM J. FRASER, et al.
Defendants.
THE PLAINTIFF is a pro se prisoner.
Compl.)

(See dkt. entry no. 1,

By Order dated December 6, 2011, the Court permitted

certain claims to proceed (“Remaining Claims”) pursuant to 28
U.S.C. § 1915.

(See dkt. entry no. 6, 12-6-11 Order; see also dkt.

entry no. 5, 12-6-11 Op.)
THE COURT earlier ordered the plaintiff to show cause why the
Remaining Claims should not be dismissed for failure to comply with
Federal Rule of Civil Procedure 4(m), Local Civil Rule 41.1(a), and
Federal Rule of Civil Procedure 41(b).
no. 9, 9-7-12 Order to Show Cause.)

(See generally dkt. entry

A copy of the Order to Show

Cause was mailed to the plaintiff at his last known address.

That

copy of the Order to Show Cause was returned as undeliverable.
(See dkt. entry no. 10, Mail Returned as Undeliverable.)
THE PLAINTIFF has an affirmative duty to provide the Court
with an up-to-date mailing address.

See L.Civ.R. 10.1; McLaren v.

Dep’t of Educ., No. 11-4585, 2012 WL 666669, at *1 (3d Cir. Mar. 1,

2012).

When the plaintiff failed to notify the Court of provide

his address to the Court, he rendered adjudication of the case
impossible.

See McClaren, 2012 WL 666669, at *1.

Accordingly, the

Court will now dismiss the Complaint pursuant to Local Civil Rule
10.1 without balancing the factors set forth in Poulis v. State
Farm Fire & Cas. Co., 747 F.2d 863 (3d Cir. 1984).

See McLaren,

2012 WL 666669, at *1.
THE COURT, when “faced with a case that [is] languishing on
[the] docket” and a plaintiff who fails to comply with Local Civil
Rule 10.1, “ha[s] little choice as to how to proceed. . . .
[A]lthough courts are normally required to consider whether a
lesser sanction would be appropriate, [the Court cannot] contact
the plaintiff to threaten [him] with some lesser sanction.

An

order to show cause why dismissal [is] not warranted or an order
imposing sanctions would only find itself taking a round trip tour
through the United States mail.”

Id. (citing Carey v. King, 856

F.2d 1439, 1441 (9th Cir. 1988) (original brackets and quotation
marks omitted)).
THE COURT, for good cause appearing, will issue an appropriate
Order, deeming the action to be withdrawn.
s/ Mary L. Cooper
.
MARY L. COOPER
United States District Judge
Date:

October 18, 2012
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