Filed: Sep. 24, 2014
Latest Update: Sep. 24, 2014
Summary: ORDER ANN AIKEN, District Judge. Pursuant to Local Rule 83.10, a party not represented by counsel has a "continuing duty to notify, the clerk's office whenever they change their mailing address or telephone number." When mail from the court to a party cannot be delivered due to the lack of a current address, and the failure continues for sixty (60) days, the court may dismiss the action. Local Rule 83.12. Plaintiff is a pro se litigant. A Summary Judgment Advice Notice and Scheduling Order
Summary: ORDER ANN AIKEN, District Judge. Pursuant to Local Rule 83.10, a party not represented by counsel has a "continuing duty to notify, the clerk's office whenever they change their mailing address or telephone number." When mail from the court to a party cannot be delivered due to the lack of a current address, and the failure continues for sixty (60) days, the court may dismiss the action. Local Rule 83.12. Plaintiff is a pro se litigant. A Summary Judgment Advice Notice and Scheduling Order (..
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ORDER
ANN AIKEN, District Judge.
Pursuant to Local Rule 83.10, a party not represented by counsel has a "continuing duty to notify, the clerk's office whenever they change their mailing address or telephone number." When mail from the court to a party cannot be delivered due to the lack of a current address, and the failure continues for sixty (60) days, the court may dismiss the action. Local Rule 83.12.
Plaintiff is a pro se litigant. A Summary Judgment Advice Notice and Scheduling Order (#43) sent to plaintiff on January 13, 2014, was returned to the court on January 31, 2014, as undeliverable. An Order to Show Cause (#50) sent to plaintiff on June 27, 2014, was returned to the court on July 11, 2014, as undeliverable.
Pursuant to the court's Order (#50), defendants' unopposed Motion for Summary Judgment (#40) is allowed. This action is dismissed for failure to comply with the requirement of L.R. 83.10 and for failure to prosecute. The Clerk of the Court is directed to enter a judgment dismissing this action with prejudice.
Any appeal from this order or the judgment of dismissal would be frivolous and not taken in good faith. Therefore, plaintiff's in forma pauperis status is hereby revoked.
