Jasmin v. Nassau County Correction Facility
| Marc Jasmin |
| Nassau County Correction Facility |
| 2:2022cv07252 |
| November 28, 2022 |
| US District Court for the Eastern District of New York |
| Lee G Dunst |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Mail Returned as Undeliverable. A copy of Judge Seybert's 1/9/2023 electronic order mailed to Pro Se Plaintiff Marc Jasmin received in clerk's office on 1/23/23 marked DISCHARGED; RETURN TO SENDER. (LJ) |
ELECTRONIC ORDER to Show Cause. Plaintiff is ORDERED TO SHOW CAUSE why his cases should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Mail sent to Plaintiff at his address of record in each of his open cases has been returned to the Court as undeliverable with the notation that he has been released. See 22-CV-7252, ECF No. 6; 22-CV-6743, ECF No. 12; 22-CV-2406, ECF No. 14. "The duty to inform the Court and defendants of any change of address is an obligation that rests with all pro se plaintiffs." Alomar v. Recard, No. 07-CV-5654, 2010 WL 451047, at *2 (S.D.N.Y. Feb. 9, 2010) (internal quotation marks and citation omitted); see also English v. Azcazubi, No. 13-CV-5074, 2015 WL 1298654, at *2 (E.D.N.Y. Mar. 20, 2015) ("[W]hen a party, even a pro se litigant, changes addresses, it is that party's obligation to notify the Court of the new address."); Thornton v. Moroney, No. 13-CV-8912, 2014 WL 2805236, at *2 (S.D.N.Y. June 20, 2014) (explaining that pro se litigants have a "duty to diligently pursue [their] case and to inform th[e] Court[]... of any change of address"). It is readily apparent that this case cannot proceed unless the Court and defendants are able to contact Plaintiff. See Pagan v. Westchester County, No. 12-CV-7669, 2014 WL 4953583, at *5 (S.D.N.Y. Oct. 1, 2014) ("Absent valid contact information, the Court cannot apprise the plaintiffs of their obligations in or the status of their case, and the litigation cannot proceed without their participation."). Thus, if a pro se litigant fails to keep the Court apprised of his current mailing address, "the Court may dismiss the action under Rule 41(b) [of the Federal Rules of Civil Procedure], for failure to prosecute." Mercedes v. New York D.O.C., No. 12-CV-2293, 2013 WL6153208, at *2 (S.D.N.Y. Nov. 21, 2013); see also Thornton, 2014 WL 2805236, at *2. Moreover, given that Plaintiff has not complied with the Court's November 30, 2022 14-day Notice of Deficiency in 22-CV-7252 and the deadline to do so has long expired, the Court reasonably concludes that Plaintiff is no longer interested in prosecuting these claims. However, in an abundance of caution and in light of Plaintiff's pro se status, by no later than February 6, 2023, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why his cases should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). PLAINTIFF IS ON NOTICE: Failure to timely respond to this Electronic Order will result in these cases being DISMISSED without prejudice and without further notice. The Clerk of Court is directed to mail a copy of this Electronic Order to Plaintiff at his address of record and make a notation of same on the docket. Although it will likely be returned, the Electronic Order is also posted on the Court's Electronic Case Filing ("ECF") system, and Plaintiff may view it at www.PACER.gov. Ordered by Judge Joanna Seybert on 1/9/2023. (LWC)
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| Filing 6 Mail Returned as Undeliverable. Mail sent to Marc Jasmin from the Clerk's Office containing a copy of #5 letter; Returned on 12/27/2022; Marked as Released 12-2/Return to Sender/Not Deliverable as Addressed/Unable to Forward. (GO) |
| Filing 5 Letter from Pro Se Office to Pro Se Litigant dated 12/14/2022 Re: RECEIPT OF CIVIL ACTION(S). (CV) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (DC) |
| Filing 3 Notice of Related Cases: 14-cv-1671-JS-AYS, 22-cv-2406-JS-LGD and 22-cv-6743-JS-LGD The Civil Cover Sheet filed in this civil action indicates a related case. (DC) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re: #1 Complaint. The papers are deficient as a filing fee of $402, is required in order to commence a civil action. Alternatively, you may request to waive the filing fee by completing an IFP application. You must also complete the Prisoner Authorization form along with the IFP application. Copy mailed to litigant 11/29/22 (DC) |
| Filing 1 COMPLAINT against Nassau County Correction Facility Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Marc Jasmin. (Attachments: #1 Civil Cover Sheet) (DC) |
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| Plaintiff: Marc Jasmin | |
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| Defendant: Nassau County Correction Facility | |
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