Dyson v. Leonard et al

Filing 17

ORDER: ORDERED, that 16 Defendants' Motion to Compel is granted; ORDERED, that Plaintiff shall, within thirty days of the filing date of this Order, provide the Court and opposing counsel with confirmation in writing of his present address. Signed by Magistrate Judge Daniel J. Stewart on 11/13/2018.(Order mailed to plaintiff via regular mail). (rar, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
KEN DYSON,
Plaintiff,
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Civ. No. 9:18-CV-14
(DNH/DJS)

S. LEONARD, Sergeant, Great Meadow Correctional
Facility, et al,
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Defendants.
APPEARANCES:

OF COUNSEL:

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KEN DYSON
Plaintiff, Pro Se
16-A-1874
Great Meadow Correctional Facility
Box 51
Comstock, New York 12821
HON. BARBARA D. UNDERWOOD
Attorney General of the State of New York
Attorney for Defendants
The Capitol
Albany, New York 12224

OMAR J. SIDDIQI, ESQ.
Assistant Attorney General

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DANIEL J. STEWART
United States Magistrate Judge
ORDER
Pro se Plaintiff Ken Dyson brought this action, pursuant to 42 U.S.C. § 1983, alleging
his constitutional rights were violated while an inmate at Great Meadow Correctional
Facility. Dkt. No. 1, Compl. Defendants answered the Complaint, Dkt. No. 14, and a
Scheduling Order was issued which sets a discovery deadline of November 13, 2018. Dkt.

No. 15. Defendants’ counsel has written to the Court advising that Plaintiff has been
released from the custody of the New York State Department of Corrections and Community
Supervision, but has not provided counsel with an updated address.

Dkt. No. 16.

Defendants’ move to compel Plaintiff to provide current contact information. Defendants’
Motion is granted.
In this District, all litigants have an ongoing obligation to keep their address
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information updated with both the Court and adversaries. N.D.N.Y.L.R. 10.1(c)(2) (“All
attorneys of record and pro se litigants must immediately notify the Court of any
change of address.” (emphasis in original)). A party’s failure to provide such information
is grounds for dismissal. N.D.N.Y.L.R. 41.2(b). As then-District Judge Pooler has observed:
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It is neither feasible nor legally required that the clerks of the district courts
undertake independently to maintain current addresses on all parties to pending
actions. It is incumbent upon litigants to inform the clerk of address changes,
for it is manifest that communications between the clerk and the parties or their
counsel will be conducted principally by mail. In addition to keeping the clerk
informed of any change of address, parties are obliged to make timely status
inquiries. Address changes normally would be reflected by those inquiries if
made in writing.

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Dansby v. Albany Cnty. Corr. Facility Staff, 1996 WL 172699, at *1 (N.D.N.Y. Apr. 10,
1996) (citations omitted). Indeed, courts in the Northern District of New York have
dismissed lawsuits brought by pro se plaintiffs for failure to provide a current address. See
Rivera v. Goord, 1999 WL 33117155 (N.D.N.Y. Sept. 14, 1999); Fenza v. Conklin, 177
F.R.D. 126 (N.D.N.Y. 1988); Morgan v. Dardiz, 177 F.R.D. 125 (N.D.N.Y. 1998); Williams
v. Faulkner, 1998 WL 278288 (N.D.N.Y. May 20, 1998).
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Rule 41(b) of the Federal Rules of Civil Procedure provides that a court may, in its
discretion, dismiss an action based upon the failure of a plaintiff to prosecute an action, or
to comply with the procedural rules or orders of the court. Fed. R. Civ. P. 41(b); see Link v.
Wabash R.R. Co., 370 U.S. 626 (1962). This power to dismiss may be exercised when
necessary to achieve orderly and expeditious disposition of cases.

See Freeman v.

Lundrigan, 1996 WL 481534, at *1 (N.D.N.Y. Aug. 22, 1996). Plaintiff’s failure to provide
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an updated address clearly interferes with not only the Court’s ability to manage the case, but
with Defendants’ ability to conduct discovery.
In light of Plaintiff’s pro se status, the Court will provide him an opportunity to
confirm his current address. Plaintiff is advised that his failure to comply and notify the
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Court of his current whereabouts may result in this Court recommending dismissal of
this action.
For the reasons stated herein, it is hereby
ORDERED, that Defendants’ Motion to Compel is granted; and it is further
ORDERED, that Plaintiff shall, within thirty days of the filing date of this Order,

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provide the Court and opposing counsel with confirmation in writing of his present address;
and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties

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to this action. The Order shall be served upon Plaintiff at his last known address.
Date: November 13, 2018
Albany, New York

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