Green v. Cochran et al

Filing 5

ORDER that Plaintiff shall provide the Court with current information on his address, and to submit the full filing fee or file a new Application to Proceed Without Prepayment of Costs or Fees, within 14 days from entry of this Order. Failure to comply with this Order within 14 days from its entry will result in dismissal of Plaintiff's Complaint. Signed by Chief Judge Robert J. Conrad, Jr on 07/18/2012. (Pro se litigant served by US Mail.)(thh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:11-cv-32-RJC
DENNIS DAVID GREEN,
Plaintiff,
v.
CURTIS A. COCHRAN, et al.,
Defendants.

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ORDER

THIS MATTER is before the Court on its own motion after reviewing pending cases on
the Docket.
On August 29, 2011, Plaintiff filed a Complaint under 42 U.S.C. § 1983. According to
his Complaint, he is incarcerated in the Swain County Jail within the Western District. Plaintiff
alleges a host of claims against the Defendants which include prohibiting safe access to the top
prison bunks, denying him privacy when showering or using restroom facilities and providing
unfit accommodations in the dining hall. Plaintiff asserts that he has been stonewalled by the
Defendants in his efforts to participate in the internal grievance process. (Doc. No. 1 at 4-5).
Plaintiff filed an Application to Proceed Without Prepayment of Fees or Costs and therein
reports no assets, income, or other means to fund the costs of his lawsuit.
According to the North Carolina Department of Public Safety Offender Information
website, Plaintiff was incarcerated on August 15, 2011, and released from custody on November
15, 2011. On August 31, 2011, the Clerk of Court entered an Order requiring the production of
Plaintiff’s prisoner trust account statement. (Doc. No. 2). To date, no such account statement has
been filed with the Court. The Court also notes that Plaintiff has failed to provide the Court with
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an updated address upon his release.
Plaintiff initiated this action against the Defendants by the filing of a Complaint. Plaintiff
was released from prison shortly after filing his Complaint and therefore had the obligation to
provide the Court with a current address. While the Court is mindful that Plaintiff is proceeding
pro se, it is not the responsibility of the Court to track down Plaintiffs or Defendants in an effort
to ensure that their case continues to progress through the judicial system.
Federal law requires a prisoner bringing a civil action under Section 1983 will be
responsible for paying the full amount of the filing fee, notwithstanding their ability to apply to
the Court to commence and prosecute the lawsuit without prepayment of fees or costs. 28 U.S.C.
§ 1915 (b). Plaintiff has failed to notify the Court of a current address and there is no evidence
that Plaintiff has made any payments toward the costs and fees associated with the filing and
prosecution of his lawsuit. Plaintiffs have a general duty and responsibility to prosecute their
cases, and this includes the obligation to provide the Court with his current address. See Carey
v. King, 856 F.2d 1439, 1441 (9th Cir. 1988). Plaintiff’s failure to keep the Court informed of
his new address constitutes a failure to prosecute. Federal Rule of Civil Procedure 41(b)
provides as follows:
If the plaintiff fails to prosecute or to comply with these rules or a court order, a
defendant may move to dismiss the action or any claim against it. Unless the
dismissal order states otherwise, a dismissal under this subdivision (b) and any
dismissal not under this rule--except one for lack of jurisdiction, improper venue,
or failure to join a party under Rule 19--operates as an adjudication on the merits.
The Clerk of Court will be directed to send a copy of this Order to the last known address
which is on file. Plaintiff is directed to notify the Court of a current address within fourteen (14)
from entry of this Order. Failure to so notify the Court will result in Plaintiff’s case being
dismissed for (1) failure to prosecute and/or (2) for failure to pay any of the necessary filing fee.
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IT IS, THEREFORE, ORDERED that Plaintiff shall (1) provide the Court with current
information on his address, and (2) to submit the full filing fee or file a new Application to
Proceed Without Prepayment of Costs or Fees, within fourteen (14) days from entry of this
Order. Failure to comply with this Order within fourteen (14) days from its entry will result in
dismissal of Plaintiff’s Complaint.
The Clerk of Court is directed to send a copy of this Order and an Application to Proceed
Without Prepayment of Costs and Fees to Plaintiff’s last known address on file with the Court.
Signed: July 18, 2012

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