Malette v. Phelps et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
MICHAEL JAVON MALETTE,
Plaintiff,
v.
MICHAEL PHELPS, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
Civil Action No.
25-10862-FDS
ORDER DIRECTING PLAINTIFF TO PROVIDE UPDATED ADDRESS
SAYLOR, J.
On January 28, 2026, the Court held a status conference in this matter. Plaintiff, who is
proceeding pro se, did not attend. At that conference, counsel for defendant indicated that she
had been unable to communicate with plaintiff concerning ongoing discovery because he was no
longer reachable at his last known address. Attorney Robert Cunha, who appeared on plaintiff’s
behalf only in an “administrative capacity,” not as his attorney, stated that plaintiff had recently
been released from incarceration, and that he likewise was not aware of plaintiff’s current
location.
The Local Rules of this District require that a party appearing pro se “must provide the
clerk and all parties a mailing address at which service upon the pro se party can be made,” and
that a pro se party “shall inform the clerk and all parties in writing of any change of name,
address, telephone number, or e-mail address within 14 days of the change.” D. Mass. R.
83.5.5. As an accommodation, the Court will order that plaintiff notify the clerk and opposing
counsel of his updated address, telephone number, and email address (if any) within 35 days—
Case 1:25-cv-10862-FDS Document 18 Filed 01/29/26 Page 1 of 2

2
that is, by March 5, 2026. Failure to do so may result in dismissal of the complaint for failure to
prosecute.
The clerk is directed to provide a copy of this order to Attorney Cunha.
So Ordered.
/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
Dated: January 29, 2026 	United States District Judge
Case 1:25-cv-10862-FDS Document 18 Filed 01/29/26 Page 2 of 2