Opinion
Civil Action No. 4:CV-05-0702.
May 13, 2005
REPORT AND RECOMMENDATION
Plaintiff, while an inmate at the York County Prison, York, Pennsylvania, filed this civil rights action pursuant to 28 U.S.C. § 1331 on April 7, 2005. Plaintiff's complaint was not accompanied by either the requisite filing fee or the application for leave to proceed in forma pauperis and authorization form. Plaintiff is proceeding pro se.
On April 11, 2005, an Administrative Order was issued directing Plaintiff to either pay the filing fee or file an application for leave to proceed in forma pauperis and authorization form within thirty (30) days. Said Order further advised Plaintiff that his failure to do so would result in the dismissal of the case. (Doc. 3). A copy of that Order was mailed to Plaintiff at the York County Prison. On April 15, 2005, a remark was entered onto the docket of this case which indicated the following:
Mail Returned, being Prisoner Letter w/attachments, plus Standing Practice Order, addressed to plaintiff at York County Prison. Contacted INS at York County Prison, who stated he is not there, but has been deported. However, an address on page 1 of complaint gives a Philadelphia address. All of the above re-mailed to 9450 Woodbridge Road, Philadelphia PA 19114, with a notation to notify the Court of plaintiff's current address.
On May 10, 2005, the envelope which contained the copy of the Administrative Order was returned to the Court as undeliverable. (Doc. 4).
An unrepresented party must maintain on file with the clerk a current address; all documents served at the address on file shall be deemed to be effective service on that party. Rule 83.18, M.D. Pa. Rules of Court.
The Plaintiff has not had any contact with this Court since April 8, 2005, when he filed his Complaint. (Doc. 1). He has failed to notify the Court of his new address.
Federal Rule of Civil Procedure 41(b) allows for the dismissal of an action for "failure of the plaintiff to prosecute or comply with these rules or order of court, . . ." (emphasis added). In the instant case, Plaintiff has failed to both prosecute the action and to comply with an Order of the Court by his failure to keep the Court apprised of his current whereabouts. Further, as stated, Plaintiff has not paid the filing fee, and he has not filed an application for leave to proceed in forma pauperis.
Based on the foregoing, it is respectfully recommended that the complaint be dismissed on the basis of Plaintiff's failure to notify the Court of his whereabouts and for failure to prosecute the action.