INDIRA TALWANI, District Judge.
Plaintiff Robert J. Pedreira, Sr., a former federal prisoner, proceeding pro se, filed a
Defendants moved to dismiss the Complaint, arguing that Plaintiff had not effected service on the Attorney General of the United States or the United States Attorney for the District of Massachusetts, required by Rule 4(i)(3) of the Federal Rules of Civil Procedure, and had failed to effect service personally upon Richard Russel. Def. Mot. to Dismiss [#24]; Def. Mem. in Support [#25]. On June 28, 2019, Plaintiff filed his response to Defendants' motion. Pl. Reply [#39].
On July 29, 2019, after Plaintiff had responded to Defendant's motion but before the court had acted on it, the Clerk received a request from Plaintiff to change his mailing address to 39 Boylston Street, Boston, Massachusetts 02216.
On September 20, 2019, the Clerk received another change of address request from Plaintiff in which he indicated that his mailing address had changed to 195 Union St. Apt. 16, Lynn, MA 01901. This request was also docketed in
On or about October 8, 2019, an individual called the Clerk's office, identified himself as Plaintiff, and asked that a copy of the docket sheet in each of Plaintiff's cases be mailed to him at 2130 Bailey Springs Court, Katy, Texas 77493. The docket indicates that a docket sheet was mailed to that address on October 8, 2019. Docket Entry [#41]. The Clerk's office reports that, on October 21, 2019, someone identifying himself as Plaintiff called the Clerk's office and stated that his request for his docket sheet had his updated contact information. The Clerk's office changed Plaintiff's mailing address in both of his cases accordingly. However, the docket sheet sent by the Clerk to the Texas address has since been returned as undeliverable. Docket Entry [#42].
In a December 10, 2019
The Clerk sent a copy of the Amended Order to Plaintiff at his two latest addresses of record: 2130 Bailey Spring Court, Katy, Texas 77493; and, 195 Union St. Apt. 16, Lynn, MA 01901. The mail sent to Pedreira at the Texas address, including the Amended Order, was returned as undeliverable. Docket Entry [#45]. The mail sent to the Lynn address has not been returned, but Plaintiff has not filed anything in response to the Amended Order or made any other submission to the court in either of his cases.
In light of Plaintiff's failure to cure the service deficiencies identified in the Amended Order the court dismisses this action for failure to prosecute. The court recognizes that when Plaintiff commenced this action, he was homeless, and that he diligently changed his mailing address with a written notice two times. However, the Clerk has mailed a copy of the Amended Order to the last address for which written notice was provided, and Plaintiff has not responded. The address provided by telephone does not appear to be valid, and while it may have resulted from a transcription error, it was incumbent upon Plaintiff to ensure that the court has his correct address. See L.R. 83.5.5(h) (D. Mass.);
Accordingly, this action is DISMISSED for failure to prosecute. This dismissal is without prejudice to Plaintiff filing a motion within 45 days to reopen the action. The Clerk shall send a copy of this Order to Plaintiff by certified mail at 195 Union St. Apt. 16, Lynn, MA 01901.
IT IS SO ORDERED.