Miller v. Incammicia et al

Filing 11

ORDER DISMISSING CASE: SO ORDERED that the Complaint is dismissed without prejudice for failure to prosecute. 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 in forma pauperis status is denied for the purpose of any appeal. The Clerk of Court is directed to close this case. CM to pro se plaintiff on 12/7/2011. Ordered by Judge Sandra J. Feuerstein on 12/6/2011. (Glueckert, Lisa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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'fi.!.CLERK'F.i o~ .-~,.....~
'TRICT COvrh .. O.N.Y

DEC 0 6 2011.

DIF

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LONG ISLAND OFFICE

PARIS MAURICE MILLER,
Plaintiff,

ORDER
11-CV-2770 (SJF)(GRB)

-againstCPT. FORD, C.O. JOHNSON, C.O. GROSS,
C.O. ARIMINI, C.O. HENSHAW, CPL. LANNING,
C.O. LIBRANDI, C.O. LUMA, and C.O. GRIEBEL,
Defendants.

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FEUERSTEIN, District Judge:

By Order dated July 6, 2011, the Court granted plaintiffs application to proceed in forma
pauperis, denied plaintiffs request for the appointment of pro bono counsel, and sua sponte

dismissed the complaint without prejudice as against all defendants except Ford, Johnson, Gross,
Arimini, Henshaw, Lanning, Librandi, Luma, and Griebel. [Docket Entry No. 7].
On July 20, 2011, the Court's Pro Se Office sent a courtesy copy of the Pro Se Manual to
plaintiff at the address he provided to the Court. On August 4, 2011, the ProSe Manual was
returned to the Court as undeliverable with a notation "unable to forward." The Court has
attempted to locate the plaintiffthrough the New York State Department of Corrections Prisoner
Locator program without success. Thus, it appears that plaintiff has been discharged and has not
provided the Court with a current address. Given plaintiffs failure to update his contact
information, it is impossible for the Court to communicate with him. Moreover, plaintiff has not
contacted the court since filing his application on May 9, 2011 for the appointment ofpro bono
counsel.
Federal Rule of Civil Procedure 41 (b) provides a district court with "the authority to

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dismiss a plaintiffs case ... for failure to prosecute." LeSane v. Hall's Sec. Analyst, Inc., 239
F.3d 206,209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626,630 (1962)).
"Although prose litigants should be afforded latitude, they generally are required to inform
themselves regarding procedural rules and to comply with them." LoSacco v. City of

Middletown, 71 F .3d 88, 92 (2d Cir. 1995) (citations and internal quotation marks omitted). It is
especially true that pro se litigants are obligated to comply with procedural rules when the rule
can easily be understood and appreciated without a legal education. See Caidor v. Onondaga

County, 517 F .3d 601, 605 (2d Cir. 2008) (citations omitted).
As stated to plaintiff in a letter from the Court dated June 10, 2011, it is plaintiffs "duty
to keep [the Court] informed of any change of address .... " [Docket Entry No.5]. Nevertheless,
plaintiff has not updated his address with the Court, nor has he communicated with the Court
since May 2011. Accordingly, the Complaint is dismissed without prejudice for failure to
prosecute. See Austin v. Lynch, 10-CV-7534, 2011 WL 5924378, at *2 (S.D.N.Y. Nov. 29,
2011) ("Courts have repeatedly recognized that dismissal for failure to prosecute is appropriate
where a plaintiff effectively disappears by failing to provide a current address at which he or she
can be reached.").
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 in forma pauperis status is denied for the purpose
of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed.2d
21 ( 1962). The Clerk of Court is directed to close this case.

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SO ORDERED.

/Sandra J. F erstein
United Sta es District Judge

Dated:

December 6, 2011
Central Islip, New York

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