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Wyatt v. Ortiz

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE
Feb 27, 2019
Civ. No. 18-13680 (RMB) (D.N.J. Feb. 27, 2019)

Opinion

Civ. No. 18-13680 (RMB)

02-27-2019

RODNEY L. WYATT, Petitioner v. WARDEN DAVID ORTIZ, Respondent


NOT FOR PUBLICATION

OPINION

BUMB, United States District Judge

Petitioner Rodney L. Wyatt is a prisoner who was incarcerated in the Federal Correctional Institution ("FCI") in Fort Dix, New Jersey when he filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, challenging his loss of good time credits after a prison disciplinary hearing. (Pet., ECF No. 1.) The Court administratively terminated this matter because Petitioner did not pay the $5.00 filing fee or submit an application to proceed in forma pauperis under 28 U.S.C. § 1915. (Order, ECF No. 3.) The Court has now received Petitioner's filing fee. In the meantime, however, on February 11, 2019, legal mail sent to Petitioner at his last known address was returned to the Court as undeliverable because Petitioner is no longer at FCI Fort Dix. (ECF No. 4.) I. DISCUSSION

Local Civil Rule 10.1(a) provides, in relevant part:

unrepresented parties must advise the Court of any change in their . . . address within seven days of being apprised of such change by filing a notice of said change with the Clerk. Failure to file a notice of change may result in the imposition of sanctions by the Court.

Dismissing a Plaintiff's complaint without prejudice is an appropriate remedy for noncompliance with this rule. See Archie v. Dept. of Corr., Civ. No. 12-2466 (RBK/JS), 2015 WL 333299, at *1 (D.N.J. Jan. 23, 2015) (collecting cases). II. CONCLUSION

The Court will dismiss this case without prejudice pursuant to Local Rule 10.1 An appropriate order follows. DATE: February 27, 2019

s/Renée Marie Bumb

RENÉE MARIE BUMB

UNITED STATES DISTRICT JUDGE


Summaries of

Wyatt v. Ortiz

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE
Feb 27, 2019
Civ. No. 18-13680 (RMB) (D.N.J. Feb. 27, 2019)
Case details for

Wyatt v. Ortiz

Case Details

Full title:RODNEY L. WYATT, Petitioner v. WARDEN DAVID ORTIZ, Respondent

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE

Date published: Feb 27, 2019

Citations

Civ. No. 18-13680 (RMB) (D.N.J. Feb. 27, 2019)