Shell v. Brzezniak, et al

Filing 81

-CLERK TO FOLLOW UP-ORDER dismissing the action for failure to prosecute. Signed by Hon. David G. Larimer on 6/28/13. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
HAROLD J. SHELL,
Plaintiff,
ORDER
00-CV-6152L
v.
CORRECTION OFFICER NICHOLAS BRZEZNIAK,
et al.,

Defendants.
________________________________________________

Plaintiff, Harold Shell (“Shell”), who is proceeding pro se, commenced this action when he
was incarcerated in a New York State Correctional Facility. Shell was released from custody and
listed at an address on Parker Avenue in Pougkeepsie, New York, as well as a residence telephone
number and work telephone number.
This Court scheduled a status conference with Shell and defense counsel for May 31, 2013.
Shell did not appear and, therefore, the Court sent a notice by mail to the address listed on the docket
sheet scheduling the matter for June 26, 2013. The letter was sent by certified mail and regular mail,
but the letter was returned as “unable to forward.” Court staff also attempted to contact Shell by
calling the telephone numbers and, although someone answered the phone, they reported that
defendant did not live or work at the number provided.
Plaintiff has failed to keep the Court apprised of his current address which is a requirement
under our Local Rules. Therefore, it appears that plaintiff has abandoned the action or, at least,
failed to comply with the Rules of Court and has failed to appear for a scheduling conference to
arrange for further proceedings and a trial in the action. As such, the Court hereby dismisses the
action for failure to prosecute. See Hidalgo v. Gilbert, No. 10-CV-6522, 2012 WL 473462

(W.D.N.Y. Feb. 13, 2012); Earley v. Murray, No. 03-CV-6338, 2008 WL 123939 (W.D.N.Y. Jan.
10, 2008).
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
June 28, 2013.

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