Griffin v. Hon. James Doyle et al

Filing 11

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff is directed to serve and file an affidavit on or before February 13, 2013 providing the Court with a new address and telephone number at which he can be contacted. PLAINTIFF IS ADVISED THAT HIS FAILURE TO COMPLY WITH THIS ORDER, OR TO TAKE ANY STEPS TO PROSECUTE THIS ACTION, WILL RESULT IN THIS ACTION BEING DISMISSED WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 4l(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Upon receipt of an affidavit in compliance with this Order on or before February 13,2013, the Clerk of Court shall forward copies of the summons, complaint and this Order to the United States Marshal Service for service upon defts without prepayment of fe es. Pursuant to Rule 77( d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon plaintiff in accordance with Rule S(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to plaintiffs address of record pursuant to Rule S(b)(C) and leaving a copy of this order with the Clerk of the Court pursuant to Rule 5(b)(2)(D). CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 1/9/2013. (Florio, Lisa)

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• UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------)( RAYMOND GRIFFIN, Plaintiff, ORDER 12-CV-4359 (SJF)(ETB) -againstHONORABLE JAMES DOYLE; HONORABLE MICHAEL MULLEN; DISTRICT ATTORNEY THOMAS J. SPOTA; 18-B ATTORNEY CHRISTOPHER BROCATO; JEFFREY LANGLAN; ROSALIND C. GRAY; BRIAN RAFFERTY; LAURAN TAN; LEGAL AID JAMES HARNETT; DETECTIVES JOSEPH N. BRITTELLI, JOSEPH C. LOEFFLER, KEVIN J. EARLY and WILLIAM R. MALDONADO; SUFFOLK COUNTY POLICE OFFICERS KEITH JORDAN and ID SPD 34418; ATTORNEY GENERAL ERIC T. SCHEJDERMAN; BRIAN J. O'DONNELL; MONICA A. CONNELL; CHARLES SANDERS; DEPARTMENT OF CORRECTIONAL AND COMMUNITY SUPERVISION COMMISSIONER BRIAN FISHER; NEW YORK STATE DIVISION OF PAROLE CHAIRWOMAN ANDREA EVANS; PAROLE BOARD COMMISSIONERS LISABETH ELOVICH, CHRISTINIA HERNANDEZ, KEVIN LUDLOW, HENRY LEMONS, JAMES FERGUSON, MICHAELA HAGLAR, WALTER SMITH JR. and SALLY THOMPSON; YAPHANK CORRECTIONAL FACILITY WARDEN, SUPERINTENDENT or SHERIFF; SUPERINTENDENT OF BARE HILL CORRECTIONAL FACILITY BRUCE S. YELJCH; LAW LIBRARY CORRECTIONAL OFFICER LAURIE ANN FOBARE; SERGEANT KERRY; D-1 DORMITORY CORRECTIONAL OFFICERS CLARK and DECOSSE; and JOHN AND JANE DOES, all in their individual and official capacities, Defendants. ----------------------------------------------------)( FEUERSTEIN, District Judge FILED IN CLEf<K'S o~r:~~E"' US [J:;01'f>:C' (•; :~., '" ~ N.Y * :, ': cg 2013 * LONG ISLAND OFFICE • On August 27, 20l2,pro se plaintiff Raymond Griffin ("plaintiff") filed a complaint against defendants pursuant to 42 U.S.C. § 1983, accompanied by an application to proceedinforma pauperis. Plaintiffs financial status, as set forth in the declaration in support of his application to proceed in forma pauperis, qualifies him to commence this action without prepayment of the filing fees. See 28 U .S.C. § 1915(a)(l ). Accordingly, plaintiffs application to proceedin forma pauperis is granted. However, two (2) subsequent mailings, one (I) of which notified plaintiff of a pretrial conference that had been scheduled by the Court, sent by the Court to plaintiff at his address of record, designated as Bare Hill Correctional Facility ("Bare Hill"), 181 Brand Road, Malone, New York 12953-0020, have been returned to the Court as undeliverable with the notation: "Not Here Return to Sender." A search of the inmate population information provided by the New York State Department of Corrections and Community Supervision ("DOCCS") indicates that plaintiff was released from Bare Hill's custody on November 9, 2012. To date, plaintiff has not provided the Court with updated contact information. "The duty to inform the Court and defendants of any change of address is 'an obligation that rests with all prose plaintiffs."' Alomar v. Recard, No. 07-CV-5654, 2010 WL 451047, at* 2 (S.D.N.Y. Feb. 9, 2010) (quoting Handlin v. Garvey. No. 91 Civ. 6777, 1996 WL 673823, at* 5 (S.D.N.Y. Nov. 20, 1996)); see also Hayes v. Shield, No. II Civ. 3714,2012 WL 3114843, at* I (S.D.N.Y. July 5, 2012), report and recommendation adopted Qy 2012 WL 3115798 (S.D.N.Y. Aug. I, 2012); Ackridge v. Martinez, No. 09 Civ. 10400,2011 WL 5865265, at* 3 (S.D.N.Y. Nov. 22, 2011) ("[W]hen a party changes addresses, it is his obligation to notify the court of his new address."). This action cannot proceed at all unless the Court is able to contact plaintiff to, inter alia, arrange conferences, obtain discovery, serve motions and schedule trial. See,~ United States ex rei. Roundtree v. Health and Hospitals Police Dept. ofNew York, No. 06 Civ. 212, 2007 WL 1428428, at* I, 2 (S.D.N.Y. May 14, 2007) (holding that "defendants are at a severe disadvantage in not knowing the address of the pro se litigant who has brought suit against them."); 2 • Coleman v. Doe, No. 05-cv-5849, 2006 WL 2357846, at* 3 (E.D.N.Y. Aug. 14, 2006) ("To require defendants to move forward would be impossible without plaintiffs participation.") "When a pro se litigant fails to provide the Court with notice of a change of address, the Court may dismiss the litigant's claims." Bernard v. Romen, No. I I cv 6346, 2012 WL 6594622, at* 2 (E.D.N.Y. Oct. 15, 2012), report and recommendation adopted ill' 2012 WL 6594525 (E.D.N.Y. Dec. 18, 2012). Plaintiff is directed to serve and file an affidavit on or before February 13, 2013 providing the Court with a new address and telephone number at which he can be contacted. PLAINTIFF IS ADVISED THAT HIS FAILURE TO COMPLY WITH THIS ORDER, OR TO TAKE ANY STEPS TO PROSECUTE THIS ACTION, WILL RESULT IN THIS ACTION BEING DISMISSED WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 4l(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Upon receipt of an affidavit in compliance with this Order on or before February 13,2013, the Clerk of Court shall forward copies of the summons, complaint and this Order to the United States Marshal Service for service upon defendants without prepayment of fees. Pursuant to Rule 77( d)(!) of the Federal Rules of Civil Procedure, the Clerk of the Court is directedto serve notice of entry of this order upon plaintiff in accordance with Rule S(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to plaintiffs address of record pursuant to Rule S(b)(C) and leaving a copy of this order with the Clerk of the Court pursuant to Rule 5(b)(2)(D). SO ORDERED. s/ Sandra J. Feuerstein Sandra J. Feuerstein United States District Judge Dated: January 9, 2013 Central Islip, New York 3

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