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Kenneth Brown v. Michael Bloomberg of the City of New York

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 31, 2011

KENNETH BROWN, PLAINTIFF,
v.
MICHAEL BLOOMBERG OF THE CITY OF NEW YORK, IN HIS INDIVIDUAL CAPACITY; RAYMOND KELLY, OF THE POLICE DEPARTMENT OF NEW YORK, IN HIS INDIVIDUAL CAPACITY; POLICE OFFICER CECCHINI, SHIELD #613 OF THE NEW YORK POLICE DEP'T 107 QUEENS, IN HIS INDIVIDUAL CAPACITY; RICHARD BROWN OF THE CITY OF NEW YORK QUEENS, IN HIS INDIVIDUAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: Mauskopf, United States District Judge:

MEMORANDUM & ORDER

On June 3, 2011, plaintiff Kenneth Brown, then incarcerated at the Anna M. Kross Center jail on Rikers Island, commenced this action in the Southern District of New York pursuant to 42 U.S.C. § 1983. By Order dated July 20, 2011, the case was transferred to this Court.

Plaintiff included with his request to proceed in forma pauperis an outdated Prisoner Authorization form which notified plaintiff that the filing fee of $250 would be deducted from his prison trust fund account in installments. Because the filing fee is $350, on August 4, 2011, the Clerk's Office sent plaintiff a letter and an updated Prisoner Authorization form requiring the return of the proper Prison Authorization form within fourteen (14) days. On August 15, 2011, the Clerk's Office letter was returned to the Court with a notation that the "inmate [had been] dis[charged]."

It appears that plaintiff has been released from custody, but to date he has not contacted the court. More than 14 days have elapsed and plaintiff has not responded to the Clerk's Office's request or provided a change of address. When a party changes addresses, it is his obligation to notify the Court of his new address. See Concepcion v. Ross, No. 92 Civ. 770, 1997 WL 777943, at *1 (E.D.N.Y. Oct. 27, 1997). This rule applies to not only to represented parties but also to pro se litigants. See id., at *1; see also Handlin v. Garvey, No. 91 Civ. 6777, 1996 WL 673823, at *5 (S.D.N.Y. Nov. 20, 1996) (explaining that the duty to inform the court and defendants of current address is "an obligation that rests with all pro se plaintiffs"). Accordingly, it is

ORDERED, ADJUDGED AND DECREED: That the action is dismissed without prejudice. The Warden or Superintendent is instructed not to charge plaintiff's prison trust fund account for this action as set forth in 28 U.S.C. § 1915. The court certifies pursuant to

28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to plaintiff, and to close this case.

SO ORDERED.

Dated: Brooklyn, New York Roslynn R. Mauskopf

ROSLYNN R. MAUSKOPF United States District Judge

20110831

© 1992-2011 VersusLaw Inc.



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