WYATT v. ORTIZ
This text of WYATT v. ORTIZ (WYATT v. ORTIZ) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE
RODNEY L. WYATT, Civil Action No. 18-13680(RMB)
Petitioner
v. OPINION
WARDEN DAVID ORTIZ,
Respondent
BUMB, District Judge
On September 7, 2018, Petitioner, incarcerated in the Federal Correctional Institution in Fort Dix, New Jersey, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. (Pet., ECF No. 1.) On February 27, 2019, the case was dismissed without prejudice but later reopened. (Orders, ECF Nos. 6, 10.) In October 2019, several pieces of legal mail sent to Petitioner were returned to the Court as undeliverable. (Returned Mail, ECF No. 17-19.) Petitioner did not advise the Court of his new address. 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). Mail sent to Petitioner’s last known address was returned. To
date, Petitioner has not informed the Court of his new address. II. CONCLUSION The Court will dismiss this case without prejudice pursuant to Local Rule 10.1 An appropriate order follows.
Dated: March 19, 2020 s/Renée Marie Bumb RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE
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