United States District Court, N.D. New York
ERIC WALKER, a/k/a Eric Qwasim Z Walker, a/k/a Eric Z Q Walker, Plaintiff,
R. BALL, Captain, Washington Correctional Facility, etal. Defendants.
WALKER, Plaintiff, Pro Se
ERIC T. SCHNEIDERMAN Attorney General of the State of New
York Attorney for Defendants
E. HAIMSON, ESQ. Assistant Attorney General
J. STEWART United States Magistrate Judge
April 2016, pro se Plaintiff Eric Walker commenced
this civil rights action pursuant to 42 U.S.C. § 1983.
Dkt. No. 1, Compl. At the time he commenced this action,
Plaintiff was in the custody of the Department of Corrections
and Community Supervision ("DOCCS") and was
confined at Green Haven Correctional Facility ("Green
Haven"). Id. Plaintiff filed an Amended
Complaint, Dkt. No. 11, which was accepted for filing by the
Court on August 29, 2016, Dkt. No. 22. On September 29, 2016,
a Mandatory Pretrial Discovery and Scheduling Order was
issued, setting forth, inter alia, deadlines for
discovery and filing of dispositive motions. Dkt. No. 28.
10, 2017, Defendants requested an extension of the
dispositive motion deadline, Dkt. No. 48, which the Court
granted, Dkt. No. 49. The Court's Order-served on
Plaintiff by regular mail at his address of record at Green
Haven-was returned as "undeliverable as addressed"
because the recipient was "no longer here."
See Dkt. No. 52. On July 19, 2017, Defendants filed
a Motion for Summary Judgment and served a copy of the same
on Plaintiff at a private address: 20 Pierce Road, Apt. # 60,
Newburgh, New York 12550. Dkt. Nos. 50 & 50-15. On July
20, 2017, the Clerk of the Court sent Plaintiff a Notice
advising him that a Motion for Summary Judgment had been
filed and that his response was due on or before August 21,
2017. Dkt. No. 51. The Notice further advised Plaintiff of
the consequences if he failed to respond to the Motion.
Id. The Notice was served on Plaintiff at his
address of record at Green Haven, as well as the address in
Newburgh, New York, and enclosed was a change of address
form. Id. That Notice was again returned as
undeliverable by Plaintiffs address of record at Green Haven.
Dkt. No. 53. To date, Plaintiff has not responded to
Defendants' Motion nor provided the Court with an updated
District, all litigants have an ongoing obligation to keep
their address information updated with both the Court and
adversaries. N.D.N. Y.L.R. 10.1(c)(2) ("All
attorneys of record and pro se
litigants must immediately notify the Court of any change of
address." (emphasis in original)). A
party's failure to provide such information is grounds
for dismissal. N.D.N. Y.L.R. 41.2(b). As then-District Judge
Pooler has observed:
It is neither feasible nor legally required that the clerks
of the district courts undertake independently to maintain
current addresses on all parties to pending actions. It is
incumbent upon litigants to inform the clerk of address
changes, for it is manifest that communications between the
clerk and the parties or their counsel will be conducted
principally by mail. In addition to keeping the clerk
informed of any change of address, parties are obliged to
make timely status inquiries. Address changes normally would
be reflected by those inquiries if made in writing.
Dansby v. Albany Cnty. Corr. Facility Staff, 1996 WL
172699, at *1 (N.D.N.Y.Apr. 10, 1996) (citations omitted).
courts in the Northern District of New York have dismissed
lawsuits brought by pro se plaintiffs for failure to
provide a current address. See Rivera v. Goord, 1999
WL 33117155 (N.D.N.Y. Sept. 14, 1999); Fenza v.
Conklin, 177 F.R.D. 126 (N.D.N.Y. 1998); Williams v.
Faulkner, 1998 WL 278288 (N.D.N.Y. May 20, 1998);
Morgan v. Dardiz, 177 F.R.D. 125 (N.D.N.Y. 1998);
Dansby v. Albany Cty. Corr. Facility Staff, 1996 WL
light of Plaintiff spro se status, the Court will
provide him an opportunity to confirm his current address.
Plaintiff should note that his failure to comply and notify
the Court of his current whereabouts may result in this Court
recommending dismissal of this action.
reasons stated herein, it is hereby
that Plaintiff shall, within thirty days of the filing date
of this Order, provide the Court and opposing counsel with
confirmation in writing of his present address. Plaintiff
shall also inform the Court and opposing counsel his
intentions with regard to the pending Motion for Summary
Judgment and explain why he did not respond to such Motion
within the time allotted; and it is further
that should Plaintiff fail to comply with this Order and
confirm his address, the Clerk shall return the matter to the
undersigned so that a recommendation of dismissal can be