Jones v. "Fireball"-Class Action Suit
| Richard Jones |
| "Fireball" - Class Action Suit |
| 2:2023cv01564 |
| April 10, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| 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 August 30, 2023. A more recent docket listing may be available from PACER.
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ORDER re #6 Mail Returned, #5 Notice of Deficient Filing,, #7 Mail Returned Mail sent to the plaintiff, Richard Jones, at his address of record at the Suffolk County Correctional Facility and has been returned to the Court marked "Discharged", "Return to Sender" and "Unable to Forward." Docket Entry (DE) 6-7. The Court had mailed Plaintiff a Notice of Deficiency directing him to file the required Prisoner Litigation Authorization form (PLA) within 14 days from April 24, 2023. DE 5. To date, Plaintiff has not responded to the Notice nor has he otherwise communicated with the Court about this case. "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, 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, 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."). As is readily apparent, this case cannot proceed unless the Court and defendants are able to contact Plaintiff. See Pagan v. Westchester Cnty., 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."). If a pro se litigant fails to keep the Court apprised of his or her 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., 12-CV-2293, 2013 WL6153208, at *2 (S.D.N.Y. Nov. 21, 2013). Accordingly, Plaintiff is ORDERED to, by no later than June 2, 2023: (1) provide the Court, in writing, with a current mailing address; and (2) file the PLA form. PLAINTIFF IS ON NOTICE: Failure to timely respond to this Electronic Order will result in this case 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 report. Although it will likely be returned, the Electronic Order is also posted on the Courts Electronic Case Filing system (ECF) and Plaintiff may view it there. Ordered by Judge Gary R. Brown on 5/18/2023. (LJ)
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Filing 7
Mail Returned as Undeliverable. #4 Letter sent to Richard Jones marked as discharged, return to sender, not deliverable as addressed. unable to forward. (JC)
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Filing 6
Mail Returned as Undeliverable. #5 Notice sent to Richard Jones marked as discharged, return to sender, not deliverable as addressed. unable to forward. (JC)
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Filing 5
NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. The papers are deficient as you must also complete the Prisoner Authorization (PLRA) form along with the IFP application. A PLRJ\ form is enclosed. I In addition, the complaint you filed on April 10, 2023, was missing pages two and 4. We have enclosed a copy of the complaint we received and the two pages that are typically included with the complaint packet filed. It is your intent to have the Court consider the full complaint, please return the enclosed pages. (JC) (Main Document 5 replaced on 4/25/2023) (JC).
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Filing 4
Letter from Pro Se Dept. to Richard Jones dtd 4/20/2023 acknowledging receipt to this civil action. (JC)
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Filing 3
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)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Richard Jones. (DC)
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Filing 1
COMPLAINT against "Fireball" - Class Action Suit Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Richard Jones. (Attachments: #1 Civil Cover Sheet) (DC)
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