Graves v. The United States Government et al

Filing 10

MEMORANDUM & ORDER: The complaint is dismissed without prejudice. The Clerk of Court is directed to enter judgment accordingly and to close this case. So Ordered by Judge Eric N. Vitaliano on 11/02/2016. (fwd'd for jgm) (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

DONALD GRAVES,

Plaintiff,

MEMORANDUM & ORDER
16-CV-2153(ENV)

-againstTHE UNITED STATES GOVERNMENT;
SEA VIEW PSYCHIATRIC HOSPITAL CENTER;
CENTRAL BOOKING POLICE DEPARTMENT;
BROOKLYN N.Y.C. CRIMINAL COURT;
BROOKLYN N.Y.C. SUPREME COURT;
BROOKLYN N.Y.C. DISTRICT ATTORNEY'S

OFFICE; THE UNITED STATES OFFICE OF
MENTAL HYGIENE,
Defendants.
X

VITALIANO,D.J.

Plaintiff Donald Graves, at the time of initiating the instant pro se action, was incarcerated
at the Otis Bantum Correctional Center("OBCC")on Rikers Island. See Dkt. No. 3. By

Order, dated April 22, 2016,the United States District Court for the Southem District of New
York transferred the action to this district. See Dkt. No. 4. By Memorandum and Order, on

September 13, 2016, the Court granted plaintiffs request to proceed informa pauperis, but

dismissed the complaint pursuant to 28 U.S.C.§ 1915A. See also Liner v. Goord, 196 F.3d 132,
134(2d Cir. 1999)(noting that under the Prison Litigation Reform Act, sua sponte dismissal of
frivolous prisoner complaints is not only permitted, but mandatory). Plaintiff, however, was
granted 30 days leave, i.e., until October 13,2016,to file an amended complaint with respect to
his claims offorced medication and false arrest and/or false imprisonment only. Dkt. No. 8 at 7.
The Court's Memorandum and Order was mailed to the address that plaintiff provided

1

when he filed his complaint. On September 27,2016,the Memorandum and Order was returned
by the United States Postal Service as undeliverable. Dkt. No. 9. The Court is unable to locate

plaintiff, and plaintiff has failed to inform the Court of a new mailing address. See Desouza v.
Fischer, No. 12 CV 0821,2015 WL 4104794, at *3(E.D.N.Y. July 8, 2015)(noting that, when a

party changes addresses, it is his or her obligation to notify the Court ofthe new address); Sturgis
V. DeMarco,No. 13 CV 2125, 2013 WL 3288308, at *2(E.D.N.Y. June 27,2013)("The duty to
inform the Court and defendants of any change of address is an obligation that rests with all pro

se plaintiffs.")(citations and internal quotations omitted). The Court has no address for plaintiff
other than the Rikers Island address provided on intake of the complaint. Accordingly, the
instant action must be dismissed.

For the reasons stated above, the complaint is dismissed without prejudice.

The Court certifies, pursuant to 28 U.S.C.§ 1915(a)(3), that any appeal from this Order
would not be taken in good faith and, therefore, informa pauperis status is denied for purpose of

an appeal. Coppedge v. United States, 369 U.S. 438,444-45, 82 S. Ct. 917,920-21,8 L. Ed. 2d
21 (1962).

The Clerk of Court is directed to enter judgment accordingly and to close this case.
So Ordered.

Dated: Brooklyn, New York
November 2,2016

s/Eric N. Vitaliano
ERIC N. VITALIANO

United States District Judge