BROWN v. MATRIX PROPERTY MANAGEMENT COMPANY

Filing 45

ORDER. Consistent with the Memorandum Order filed herewith, the Court hereby enters the following Order: Defendant's Motion to Dismiss (Doc. 34 ) is GRANTED. Plaintiff's Complaint is hereby DISMISSED without prejudice to Plaintiff filin g an Amended Complaint that establishes jurisdiction by alleging a violation of an applicable provision of federal law. Plaintiff may file an Amended Complaint on or before September 27, 2017. If Plaintiff does not file an Amended Complaint on or before September 27, 2017, this case will be dismissed with prejudice. The Magistrate Judge's Report and Recommendation (Doc. 43 ) hereby is ADOPTED as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 9/6/2017. (jwr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
VERNON L. BROWN,
Plaintiff,
v.
MATRIX PROPERTY MANAGEMENT
COMPANY
Defendants.

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Civil Action No. 16-1824
Judge Cathy Bissoon
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Maureen P. Kelly for
pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636 and Local Rule of
Civil Procedure 72.
On August 7, 2017, the Magistrate Judge issued a Report (Doc. 43) recommending that
Defendant’s Motion to Dismiss be granted, and Plaintiff’s Complaint be dismissed without
prejudice. The Report and Recommendation was served on the parties, 1 and no objections have
been filed.

1

On August 7, 2017, a copy of the Report and Recommendation was sent to Plaintiff at his
address of record via First Class U.S. Mail. On August 22, 2017, that correspondence was
returned to the Court with the message “Return to Sender, Not Deliverable as Addressed, Unable
to Forward.” (Doc. 44). It is Plaintiff’s obligation, not the Court’s, to ensure that his true and
accurate mailing address is identified in the record. See Carey v. King, 856 F.2d 1439, 1441 (9th
Cir. 1988) (“[a] party, not the district court, bears the burden of keeping the court apprised of . . .
[his] mailing address”); Orix Fin. Servs., Inc. v. Thunder Ridge Energy, Inc., 579 F.Supp.2d 498,
510 (S.D.N.Y. 2008) (“[e]ach party has an obligation to leave a forwarding address or otherwise
stay in contact with the [c]ourt to ensure that he receives and responds to any [c]ourt order”)
(citation to quoted source omitted).

After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
Defendant’s Motion to Dismiss (Doc. 34) is GRANTED. Plaintiff’s Complaint is hereby
DISMISSED without prejudice to Plaintiff filing an Amended Complaint that establishes
jurisdiction by alleging a violation of an applicable provision of federal law. Plaintiff may file
an Amended Complaint on or before September 27, 2017. If Plaintiff does not file an
Amended Complaint on or before September 27, 2017, this case will be dismissed with
prejudice.
The Magistrate Judge’s Report and Recommendation hereby is adopted as the Opinion of
the District Court.
IT IS SO ORDERED.

September 6, 2017

cc (via ECF email notification):
All counsel of record
cc (via First-Class, U.S. Mail):
VERNON L. BROWN
108 James Lane
Monaca, PA 15061

s/Cathy Bissoon
Cathy Bissoon
United States District Judge