Opinion
2:24-cv-246-JLB-KCD
04-09-2024
KENDRICK TYRON PERRY ESTATE, Plaintiff, v. LEHIGH REGIONAL MEDICAL CENTER, Defendant.
REPORT & RECOMMENDATION
Kyle C. Dudek, Judge
Plaintiff sues Lehigh Regional Medical Center, alleging it negligently provided medical services and breached unspecified fiduciary duties when it “did not properly diagnose and treat” an infected sore. (Doc. 1 at 1-2.) Because Plaintiff has not diligently prosecuted this case, his claims should be dismissed.
Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations.
Plaintiff is representing himself pro se and moved to proceed in forma pauperis. (Doc. 2.) But he did not provide the Court with “enough information to assess whether he is eligible for in forma pauperis (“IFP”) status.” (Doc. 4 at 1.) So the Court denied the motion and directed him to “complete and file a more detailed IFP application” by April 5, 2024. (Id. at 2.) The Court mailed the order to the address Plaintiff provided, but it was returned as “Insufficient Address, Unable to Forward.”
To prosecute an action in federal court, a pro se plaintiff must provide and maintain an address where he will receive notices and orders from the Court. See Fed.R.Civ.P. 11(a) (every paper must state the filer's address). Plaintiff has not done so here. Thus, under Federal Rule of Civil Procedure 41(b), the Court can (and should) dismiss this matter.
Plaintiff has also failed to diligently prosecute this case by not responding to the Court's order (Doc. 4), which results, at least partially, from his failure to maintain valid contact information. Because Plaintiff has not provided the Court with a valid address or other means of contacting him (such as an email address), further orders directing him to respond would be futile. Thus, the Court should dismiss this case without prejudice. See Portnoy v. Safeguard Properties, LLC, No. 5:19-cv-407-OC-30PRL, 2020 WL 7496409 (M.D. Fla. Mar. 17, 2020) (dismissing case without prejudice for failure to prosecute after pro se plaintiff did not update his address as required).