Filed: Nov. 14, 2019
Latest Update: Nov. 14, 2019
Summary: NOT FOR PUBLICATION ORDER CLAIRE C. CECCHI , District Judge . This matter having come before the Court on the motion to dismiss (the "Motion") of pro se litigant Julio Avael ("Defendant"), filed on January 23, 2019 (ECF No. 24); and It appearing that on March 18, 2019, the Clerk's Office was sent back, as undeliverable, mail sent to Defendant at 15483 SW 146th Terrace, Miami, FL 33196, which is the address Defendant provided to the Court (ECF No. 37); and It appearing that the envelope
Summary: NOT FOR PUBLICATION ORDER CLAIRE C. CECCHI , District Judge . This matter having come before the Court on the motion to dismiss (the "Motion") of pro se litigant Julio Avael ("Defendant"), filed on January 23, 2019 (ECF No. 24); and It appearing that on March 18, 2019, the Clerk's Office was sent back, as undeliverable, mail sent to Defendant at 15483 SW 146th Terrace, Miami, FL 33196, which is the address Defendant provided to the Court (ECF No. 37); and It appearing that the envelope ..
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NOT FOR PUBLICATION
ORDER
CLAIRE C. CECCHI, District Judge.
This matter having come before the Court on the motion to dismiss (the "Motion") of pro se litigant Julio Avael ("Defendant"), filed on January 23, 2019 (ECF No. 24); and
It appearing that on March 18, 2019, the Clerk's Office was sent back, as undeliverable, mail sent to Defendant at 15483 SW 146th Terrace, Miami, FL 33196, which is the address Defendant provided to the Court (ECF No. 37); and
It appearing that the envelope returned as undeliverable was marked to indicate that the address provided was not the correct address for Defendant (ECF No. 37); and
It appearing that Defendant has not complied with Local Civil Rule 10.1(a) which requires unrepresented parties to advise the Court of any change of address within five (5) days and provide the Court with a valid address that mail can be delivered to; and
It appearing that, on September 30, 2019, the Court ordered Defendant to show cause in writing by October 30, 2019 why the Motion should not be denied for failure to comply with Local Civil Rule 10.1(a) (ECF No. 40); and
It appearing that Defendant has not contacted the Clerk of the Court to provide his correct address pursuant to Local Civil Rule 10.1(a).
Accordingly, IT IS on this 14 day of November, 2019,
ORDERED that Defendant's Motion is hereby DENIED WITHOUT PREJUDICE for failure to comply with Local Civil Rule 10.1(a); and it is further
ORDERED that the Clerk of the Court shall terminate the motion.
SO ORDERED.