HOMAN v. NEW JERSEY DEPARTMENT OF CORRECTIONS et al

Filing 7

MEMORANDUM ORDER that the Clerk shall RE-OPEN the file in order for this Court to entertain Plaintiff's application to proceed in forma pauperis, and if same is granted, to screen the Complaint for dismissal pursuant to 28 USC 1915(e)(2)(B) and 1915A. Signed by Judge Michael A. Shipp on 6/16/2014. (mmh)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ERIC ADDISON HOMAN, Civil Action No. 13-1466 (MAS) Plaintiff, v. MEMORANDUM ORDER NEW JERSEY DEPARTMENT OF CORRECTIONS, et al., Defendants. THIS MATTER comes before the Court by application filed by Plaintiff, Eric Addison Homan, to re-open his case. (ECF No.6.) It appears that: 1. On March 11, 2013, Plaintiff filed a Complaint and application to proceed in forma pauperis ("IFP"). (ECF No. 1.) A copy of the notification acknowledging this Court's receipt of said Complaint sent to Plaintiff was thereafter returned as "Undeliverable" on two occasions, on March 18, 2013 and April 1, 2013. (ECF Nos. 2, 3.) 2. On May 3, 2013, this Court issued an Order dismissing the case without prejudice due to Plaintiffs failure to comply with the notice requirement under Local Civil Rule 10.1 (a), which imposes an affirmative duty upon litigants to inform the Court of any changes in address within seven days. The Order allowed Plaintiff to re-open his case if he updated his contact information in satisfaction of the requirements under the appropriate Rules of the Court. (ECF No.4.) 3. On May 2, 2014, Plaintiff wrote to the Court, giving his current address and explaining that he was transferred several times to different state facilities and did not receive his mail. He asks to have his case re-opened. (ECF No.6.) THEREFORE, IT IS ON THIS --/.fP-Ilaay of June, 2014 ORDERED that the Clerk shall RE-OPEN the file in order for this Court to entertain Plaintiffs application to proceed in forma pauperis and, if same is granted, to screen the Complaint for dismissal pursuant to 28 U.S.C. ยงยง 1915(e)(2)(B) and 1915A; and it is further ORDERED that the Clerk shall serve a copy of this Order upon Plaintiff by regular mail. United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?