Plaza v. Lee et al

Filing 4

MEMORANDUM AND ORDER [DISMISSING CASE]: The Clerk's Office sent Plaintiff a series of letters between June 16, and July 7, 2016, notifying him that in order to proceed, he must pay the filing fee or return the completed IFP form wit hin 14 days from the date of the letter. More than 14 days have elapsed since all of the letters were mailed, and Plaintiff has failed to submit the forms or pay the filing fees in any of the five cases. Plaintiff has failed to provide a forwarding address as required. Because Plaintiff has not contacted the Court and the Court has no way of contacting Plaintiff, the actions are all dismissed without prejudice for Plaintiff's failure to prosecute. The Clerk of Court shall mail a copy of this Order to Plaintiff's last known address. SO ORDERED by Judge LaShann DeArcy Hall, on August 22, 2016. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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KOKY PLAZA,

Plaintiff,

NOT FOR PUBLICATION

MEMORANDUM OF
DECISION AND ORDER

-against16-CV-3153 (LDH)(RML)
CAPTAIN LEE, BADGE #1382; CORRECTIONAL
OFFICER TAI, #0411; CORRECTIONAL OFFICER
THOMPSON; and DEPARTMENT OF
CORRECTIONS,
Defendants.
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KOKY PLAZA,
Plaintiff,
-against16-CV-3154 (LDH)(RML)
DEPARTMENT OF CORRECTIONS, DEA OF
STATEN ISLAND; and CLERK OF STATEN ISLAND
Defendants.
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KOKY PLAZA,
Plaintiff,
-against16-CV-3679 (LDH)(RML)
CAPTAIN LEE, BADGE #1382; CAPTAIN ELAM,
Badge #1973; OFFICER TAI, Badge #0411; and
DEPARTMENT OF CORRECTIONS,
Defendants.
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KOKY PLAZA,
Plaintiff,
-against16-CV-3680 (LDH)(RML)

CAPTAIN ELAM, Badge #1973; OFFICER TAI,
Badge #0411; DEPUTY WASHINGTON; and
DEPARTMENT OF CORRECTIONS,
Defendants.
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KOKY PLAZA,
Plaintiff,
-against16-CV-3682 (LDH)(RML)
CAPTAIN ELAM, Badge #1973; OFFICER TAI,
Badge #0411; OFFICER OLIVER, Badge # 4762;
and DEPARTMENT OF CORRECTIONS,
Defendants.
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LASHANN DEARCY HALL, United States District Judge:
Pro se plaintiff Koky Plaza filed the above-captioned complaints, which are each dated
May 5, May 6, or May 25, 2016, but were not received in this Court until June 10, and June 20,
2016. At the time he filed the complaints, plaintiff stated that he was detained at either the
Anna M. Kross Center or the Otis Bantum Correctional Center at Rikers Island. (See 16-cv3154, Compl., ECF No. 1, at 1; 16-cv-2682, Compl., ECF No. 1, at 1.) Some of the complaints
were accompanied by the Prisoner Authorization form required by the Prisoner Litigation
Reform Act, but none included the filing fee or a request to proceed in forma pauperis (“IFP”).
The Clerk’s Office sent plaintiff a series of letters between June 16, and July 7, 2016, notifying
him that in order to proceed, he must pay the filing fee or return the completed IFP form within
14 days from the date of the letter. More than 14 days have elapsed since all of the letters were
mailed, and plaintiff has failed to submit the forms or pay the filing fees in any of the five cases.
On July 18, 2016, and July 22, 2016, the Court’s letters in 16-cv-3154, 16-cv-3679, and
16-cv-3680 were returned with the notation “Return to Sender.” (16-cv-3154, ECF No. 4; 16cv-3679, ECF No. 4; 16-cv-3680, ECF No. 4.) Some of the returned envelopes contained the
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additional notation: “Disc.” (16-cv-3679, ECF No. 5; 16-cv-3680, ECF No. 4.) A search of the
inmate lookup database at the New York City Department of Correction, which manages the
Rikers Island facilities where plaintiff was housed at the time he filed the complaints, returned no
results. See http://a073-ils-web.nyc.gov/inmatelookup/pages/common/find.jsf (Last visited
Aug. 3, 2016). Plaintiff has failed to provide a forwarding address as required.
Because plaintiff has not contacted the Court and the Court has no way of contacting
plaintiff, the actions are all dismissed without prejudice for plaintiff’s failure to prosecute. See
Dong v. United States, No. 02-cv-7751, 2004 WL 385117, at *3 (S.D.N.Y. Mar. 2, 2004)
(dismissing for failure to prosecute where plaintiff failed to notify the Court of his address and
the Court was unable to contact plaintiff). The Clerk of Court shall mail a copy of this Order to
plaintiff’s last known address.

SO ORDERED.
/s/ LDH
LASHANN DEARCY HALL
United States District Judge
Dated: Brooklyn, New York
August 22, 2016

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