Osahenrumwen Ojo v. HCDOC

2015 DNH 178

• Court: District Court, D. New Hampshire
• Decided: September 15, 2015
• Docket: 12-CV-204-SM
• Status: Published

Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Osahenrumwen Ojo, Plaintiff

v. Case No. 12-cv-204-SM Opinion No. 2015 DNH 178 Hillsborough County Department of Corrections, et al., Defendants

O R D E R

From June through August of 2011, pro se plaintiff,

Osahenrumwen Ojo, was a detainee at the Hillsborough County House

of Corrections. He claims that while there, he was subjected to

several pat-down searches during which corrections officers

intentionally grabbed his genitals. In this action, he advances

both state and federal claims in which he asserts, in essence,

that defendants sexually assaulted him.

On August 7, 2015, counsel for defendants notified the court

that several pieces of mail directed to Ojo at his last known

address had been returned as undeliverable. See Defendants’

Notice/Report (document no. 108). And, despite their efforts to

locate Ojo, defendants had been unsuccessful. Defendants then

learned (and the court has independently confirmed) that, on or

about April 28, 2015, Ojo was deported to his native country,

Nigeria. In the intervening five months, Ojo has failed to furnish

the court or opposing counsel with his current mailing address,

telephone number, or other contact information (nor has he given

any other indication that he wishes to continue to pursue this

case). See generally Local Rule 83.6(e) (“An attorney or pro se

party who has appeared before the court on a matter is under a

continuing duty to notify the clerk’s office of any change of

address and telephone number.”). Consequently, the court is

unable to contact Ojo and afford him an opportunity to show cause

why his complaint should not be dismissed for failure to

prosecute and/or for failure to comply with this court’s local

rules.

Considering the totality of circumstances presented -

particularly the fact that plaintiff has been deported to Nigeria

and has, for several months, failed to notify the court or

opposing counsel of his new contact information - as well as the

range of options available to the court, see, e.g., Vazquez-Rijos

v. Anhang, 654 F.3d 122, 127 (1st Cir. 2011), the court concludes

that it is appropriate to dismiss plaintiff’s complaint for

failure to prosecute and failure to comply with this court’s

local rules. See Fed. R. Civ. P. 41(b); Local Rule 83.6(e). See

generally Dullen v. Grafton Cty. Dep’t of Corr., 2004 WL 102494,

2004 DNH 021 (D.N.H. Jan. 22, 2004) (dismissing plaintiff’s

2 complaint for failure to prosecute and failure to notify court of

changed address).

Plaintiff’s complaint is dismissed, with prejudice. The

Clerk of Court shall enter judgment in accordance with this order

and close the case.

SO ORDERED.

____________________________ Steven J. McAuliffe United States District Judge

September 15, 2015

cc: Osahenrumwen Ojo, pro se John A. Curran, Esq.