Walker v. Sposata

Filing 6

ORDER DISMISSING CASE: SO ORDERED that the action is dismissed without prejudice. The Clerk of the Court shall close this case. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 7/16/2014. (Florio, Lisa)

FILED
IN CLERK'S OFFICF
U S DISTRICT COURT E

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

*

~UL

16 l014

NV

*

LONG ISlANO ~o~fFICE

----------------------------------------------------------){
TRIANDOS C. WALKER,
Petitioner,
ORDER
14-CV-2223

-against-

MIKE SPOSATA,
Respondent.

-----------------------------------------------------------){
On AprilS, 2014, Triandos C. Walker ("petitioner"), prose, filed a petition for a Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254. DE 1. On that date, the Clerk of the Court for the
Eastern District of New York entered a Notice of Deficient Filing and mailed a copy to
petitioner. DE 2. Pursuant to the Notice, the deficiencies were required to be corrected within
fourteen (14) days of the date of the letter. Id On or about April18, 2014, the mail containing
the notice was returned as undeliverable. DE 4. The docket indicates that the packet was
remailed to petitioner at the Suffolk County Correctional Facility on Aprill8, 2014. ld On May
5, 2014, the remailed packet was returned as undeliverable with the notation: Returned to
Sender/Discharged. DE 5.
"When a party changes addresses, it is his or her obligation to notifY the Court of the new
address." Garcia v. Hynes, No. 08 Civ. 2155,2009 WL 890640, at *1 (E.D.N.Y. Mar. 31, 2009)
(citing Concepcion v. Ross, No. 92 Civ. 770, 1997 WL 777943, at *I (E.D.N.Y. Oct. 28, 1997))
(citing Local Rule 1.3(d) and holding "[t]he responsibility for keeping the court informed of
changes of address rests with the petitioner").
A review of the docket sheet indicates that petitioner has not communicated with the

,_

-

..
Court or the Clerk's office to update his address. Consequently, petitioner has not been advised
with respect to his deficient filing and has not, therefore, corrected the deficiencies. Accordingly,
the action is dismissed without prejudice. The Clerk of the Court shall close this case.
SO ORDERED.

Dated: July 16,2014
Central Islip, New York

s/ Sandra J. Feuerstein
Sandra J. Feuerstein U.S.D.J.

-2-