United States District Court, M.D. Pennsylvania
December 12, 2005.
ROBERTO PASTOR-ALMEIDA, Plaintiff,
JOHN ASHCROFT, et al., Defendants.
The opinion of the court was delivered by: SYLVIA RAMBO, District Judge
MEMORANDUM and ORDER
Plaintiff, Roberto Pastor-Almeida, while a Bureau of
Immigration and Customs Enforcement ("BICE") detainee at the
Schuylkill Federal Correctional Institution in Minersville,
Pennsylvania, commenced the present pro se Bivens*fn1
action. Currently pending is Defendants' motion for a stay (Doc.
20). Plaintiff was among the thousands of Cuban citizens who
entered this country from Mariel, Cuba during the 1980
boatlift.*fn2 The complaint challenges the legality of
Plaintiff's detention and alleges that Plaintiff suffered
physical injuries during his detention. Plaintiff has initiated other litigation in this court, Civil
Action No. 1:CV-04-1487, in which he sought habeas relief for his
allegedly unlawful detention. Recently, a service copy of an
order mailed to Pastor-Almeida in the other litigation was
returned as undeliverable. Upon inquiry, the court has learned
that Petitioner was released on supervision, on August 9, 2005,
and the court no longer has a valid address to contact Plaintiff.
On July 29, 2004, Plaintiff was provided with a copy of this
Court's Standing Practice Order (Doc. 3) which provides, in
relevant part, as follows:
A pro se plaintiff has the affirmative obligation
to keep the court informed of his or her address.
Should such address change in the course of this
litigation, the plaintiff shall immediately inform
the court of such change, in writing. If the Court is
unable to communicate with the plaintiff because the
plaintiff has failed to notify the court of his or
her address, the plaintiff will be deemed to have
abandoned the lawsuit.
(Doc. 3 at 4.)
When a party fails to comply with an order of court, dismissal
of the action is appropriate. See Fed.R.Civ.P. 41(b); Link
v. Wabash Railroad Co., 370 U.S. 626, 629 (1962). A review of
the record reveals that Plaintiff has failed to notify the Court
of his current address. Consequently, he has failed to comply
with the requirements of the Court's Standing Practice Order and
he is deemed to have abandoned his lawsuit. Moreover, since Plaintiff's present whereabouts are
unknown, it would be a waste of judicial resources to allow this
action to continue.
The Court is satisfied that dismissal of this action, pursuant
to the provisions of Fed.R.Civ.P. 41(b), is appropriate in the
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1) Plaintiff's complaint is DISMISSED, with
prejudice, for failure to comply with an order of
court and failure to prosecute.
2) Defendants' motion for stay (Doc. 20) is dismissed
as moot and therefore DENIED.
3) The Clerk of Court is directed to close this case.
4) Any appeal from this Order will be deemed
frivolous, without probable cause, and not taken in
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