Benavidez v. Federal Bureau of Prisons et al

Filing 42

ORDER. Plaintiff is ordered to file notice of his current address with the Clerk of the Court no later than August 18, 2017. Plaintiff shall file an updated application for leave to proceed in forma pauperis no later than August 18, 2017. Signed by Magistrate Judge Charles B Goodwin on 07/28/2017. (jb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CARLOS BENAVIDEZ,
Plaintiff,
v.
U.S. FEDERAL BUREAU OF
PRISONS et al.,
Defendants.

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Case No. CIV-16-973-HE

ORDER
On January 26, 2017, Plaintiff Carlos Benavidez notified the Court that he had been
transferred from a federal facility in North Carolina to Mid Valley House in Edinburg,
Texas. See Doc. No. 24. Plaintiff has failed to respond to any motions, send any further
payments toward the $329.08 balance owed on his filing fee, or otherwise participate in
this lawsuit since submitting this change of address form six months ago. An order issued
by this Court and filings from Defendants, all mailed to Plaintiff at Mid Valley House,
were recently returned as “NOT DELIVERABLE” and “UNABLE TO FORWARD.”
Doc. No. 40, at 4-5; Doc. No. 41-1. Further, Defendants have notified the Court that they
were informed in March 2017 that Plaintiff has been released from the Bureau of Prisons’
physical custody and is subject to home confinement. See Doc. No. 37, at 13 n.8; Doc. No.
38, at 37 n.24.
Local Civil Rule 5.4(a) requires every litigant to promptly notify the Court
whenever his or her address changes during the pendency of the litigation.

This

requirement is especially important when an incarcerated litigant is proceeding in forma

pauperis because of the special requirements applicable in that circumstance. See 28
U.S.C. §§ 1915(a)(2), (b)(1); LCvR 3.3(b)-(c). Relevant here, for example, if Plaintiff has
been released from custody, he may no longer be entitled to continue to proceed without
prepayment of the mandatory filing fee. See Treff v. Galetka, 74 F.3d 191, 197 (10th Cir.
1996). If Plaintiff’s personal financial condition has improved during the course of this
litigation, he is obligated to either pay the filing fee or to file an updated in forma pauperis
application. See id.; LCvR 3.2, 3.3.
Accordingly, Plaintiff is ordered to file notice of his current address with the Clerk
of the Court no later than August 18, 2017. See LCvR 5.4(a). In addition, Plaintiff shall
file an updated application for leave to proceed in forma pauperis no later than August 18,
2017. The new application shall provide current information regarding the Plaintiff’s
financial condition, including his employment status and any assets or funds available to
him for payment of the filing fee. The Court Clerk is directed to send both versions
(prisoner and nonprisoner) of the Court’s in forma pauperis application form, along with a
change of address form and a copy of this Order, to Plaintiff at each of the following
addresses: (i) Mid Valley House, 2520 South Expressway 281, Edinburg, Texas, 78539;
and (ii) 5903 Sugarbird Lane, Edinburg, Texas, 78542. See LCvR 5.4(a); cf. Fed. R. Civ.
P. 5(b)(2)(C).
The failure to timely comply with this Order may result in revocation of Plaintiff’s
leave to proceed in forma pauperis and/or dismissal of this action without prejudice.

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IT IS SO ORDERED this 28th day of July, 2017.

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