Murphy v. Roemer

Background

Mark P. Murphy, who represented himself, sued P.O. Christopher Roemer. On August 30, 2022, the court ordered Murphy to show in writing by September 26 why his claims should not be dismissed for failure to pursue the case under Federal Rule of Civil Procedure 41(b). The court warned that failing to comply would result in dismissal.

The court mailed the order to Murphy’s address, but it was returned on September 13, 2022 as undeliverable. The court stated that available databases indicated Murphy was no longer in custody, and that neither the court nor defense counsel had received information about a change in his address or contact information. The court also stated that Murphy had not communicated with it for more than a year.

Reasoning

The court explained that a person representing himself must notify the court and the opposing party of any address change. Without valid contact information, the court cannot communicate case obligations or status, and the case cannot proceed without the plaintiff’s participation. The court concluded that Murphy’s failure to update his address and lack of communication made it appear that he had abandoned the case.

Ruling

Judge Nelson S. Roman dismissed the action without prejudice for failure to pursue it. The clerk was directed to terminate the action, mail a copy of the order to Murphy at his last known address, and record service on the docket.