SANDRA J. FEUERSTEIN, District Judge.
On April 9, 2013, incarcerated pro se plaintiff Jemmy Lee Sturgis ("plaintiff') commenced this action pursuant to 42 U.S.C. § 1983 ("Section 1983") against Sheriff Vincent DeMarco ("Sheriff DeMarco"), Warden Charles Ewald ("Warden Ewald"), Sgt. "Len Loe" and several other unidentified individuals whom he designates as Lt. "Ken Koe" and Corr. Officers "A" and "B" (collectively, "the Doe defendants"), accompanied by an application to proceed in forma pauperis.
On April 16, 2013, the Clerk of the Court mailed a letter acknowledging the Court's receipt of his civil complaint to plaintiff at his address of record, i.e., the Suffolk County Correctional Facility ("SCCF"), located at 110 Center Drive, Riverhead, New York 11901. (Doc. No. 4). On April 19, 2013, the Clerk of the Court mailed a scheduling order issued by the Honorable E. Thomas Boyle, United States Magistrate Judge, to plaintiff at the SCCF. (Doc. No. 5). On April 22, 2013 and May 3, 2013, the letter and scheduling order, respectively, were returned to the Court as undeliverable with the following notations on the envelopes: "Return To Sender" and "Not Here." (Doc. Nos. 6 and 7). On May 29, 2013, the Clerk of the Court again mailed the letter and scheduling order, together with a copy of the docket sheet, to plaintiff at the SCCF. On June 14, 2013 and June 18, 2013, the scheduling order and letter were returned to the Court as undeliverable with the following notations on the envelopes: "Discharged," "Return To Sender," "Not Deliverable As Addressed" and "Unable To Forward." (Doc, Nos. 9 and 12). The envelope returned on June 18, 2013 also had a handwritten notation: "Disch[arged] 4/25/13." (Doc. No. 12).
Although plaintiff never filed a notice of change of address in this case, on May 31, 2013, plaintiff filed a notice of change of address in two (2) other cases pending in this Court, i.e.,
By order dated June 7, 2013, inter alia, plaintiff's application to proceed in forma pauperis was granted; the claims against Sheriff DeMarco, Warden Ewald and Sgt. "Len Loe," as well as plaintiffs claim seeking to have this Court set him affordable bail, were sua sponte dismissed in their entirety without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim for relief; plaintiff was directed to file an amended complaint in accordance with that order on or before July 10, 2013, or the claims against Sheriff DeMarco, Warden Ewald and Sgt. "Len Loe," as well as plaintiff's claim seeking to have this Court set him affordable bail, will be deemed dismissed with prejudice and judgment will be entered in favor of Sheriff DeMarco, Warden Ewald and Sgt. "Len Loe;" and the Suffolk County Attorney was directed to attempt to ascertain the full names and service address(es) of the Doe defendants involved in the incident described in the Complaint and to produce such information to the Court. On June 11, 2013, the Clerk of the Court served plaintiff with notice of entry of the June 7, 2013 order by mailing a copy thereof to plaintiff at the Coram address. (Doc. No. 8). The notice of entry of the June 7, 2013 order was returned to the Court on June 18, 2013 with the following notations on the envelope: "Return To Sender," "No Such Street" and "Unable To Forward." (Doc. No. 11).
By letter dated June 26, 2013, the Suffolk County Attorney's office advised that it attempted to ascertain the names and service addresses of the "`John Doe' Correction Officers" in accordance with the June 7, 2013 order; that its records indicate that only one (1) correction officer, Correction Officer Michael DeRosa (Badge # 1259) ("DeRosa"), entered plaintiff's cell during the March 30, 2013 "shakedown" of which plaintiff complains; and that DeRosa could be served at the SCCF. Accordingly, the Clerk of the Court is directed to amend the caption of the complaint to substitute DeRosa for Correction Officer "A;" issue a summons as to DeRosa; and cause the United States Marshal Service to serve DeRosa with copies of the complaint, the summons, the April 19, 2013 scheduling order, the June 7, 2013 order and this order. However, the June 7, 2013 order directed the Suffolk County Attorney to attempt to ascertain the names and service addresses of "the Doe defendants," which collectively referred to Sgt. "Len Loe," Lt. "Ken Koe" and Corr. Officers "A" and "B." (6/7/13 Order at pp. 1 and 10). Since there is no indication that the Suffolk County Attorney attempted to ascertain the names and service addresses of Sgt. "Len Loe" and Lt. "Ken Koe," the Clerk of the Court shall again serve copies of the complaint, the June 7, 2013 order and this order upon the Suffolk County Attorney, who shall attempt to ascertain the full names and service address(es) of the remaining Doe defendants, i.e., Sgt. "Len Loe" and Lt. "Ken Koe," and provide such information to the Court
This Court's docket reflects that since the filing of this action, plaintiff has not taken any steps to prosecute it, or to otherwise communicate with the Court; has not filed a notice of change of address in this case, although he filed such a notice in two (2) other cases pending in this Court, albeit containing an address that apparently does not exist; and has not apprised the Court of his current whereabouts or contact information.
"The duty to inform the Court and defendants of any change of address is `an obligation that rests with all pro se plaintiffs."
Accordingly, plaintiff is directed to file an affidavit
For all of the foregoing reasons: (1) the Clerk of the Court is directed (a) to amend the caption of the complaint to substitute DeRosa for Correction Officer "A," (b) to issue a summons as to DeRosa, (c) to cause the United States Marshal Service to serve DeRosa with copies of the complaint, the summons, the April 19, 2013 scheduling order, the June 7, 2013 order and this order and (d) to serve copies of the complaint, the June 7, 2013 order and this order upon the Suffolk County Attorney; (2) the Suffolk County Attorney is directed to attempt to ascertain the full names and service address(es) of Sgt. "Len Loe" and Lt. "Ken Koe" and provide such information to the Court within two (2) weeks from the date that this Order is served upon him; and (3) plaintiff is directed to file an affidavit
Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all parties in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to plaintiff at both the SCCF and Coram address pursuant to Rule 5(b)(C) and leaving a copy of this order with the Clerk of the Court pursuant to Rule 5(b)(2)(D).
SO ORDERED.