McCracken v. Carter

• Court: District Court, W.D. Virginia
• Decided: October 23, 2024
• Docket: 7:23-cv-00752
• Status: Unknown

Opinion

ATROANOKE, □□ FILED IN THE UNITED STATES DISTRICT COURT October 23. 202. FOR THE WESTERN DISTRICT OF VIRGINIA LAURA A AUSTIN, CLERK ROANOKE DIVISION BY: Is/T. Taylor DEPUTY CLERK BRADLEY EUGENE MCCRACKEN, Plaintiff, Civil Action No. 7:23 -cv-00752 v. OPINION and ORDER SGT. CARTER, et al., By: Robert S. Ballou Defendant(s). United States District Judge Plaintiff, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, while incarcerated. By its Orders entered November 17, 2023, and November 20, 2023, the court advised plaintiff that a failure to update a mailing address after a transfer or release from incarceration will result in dismissal of this action. The court’s mail to plaintiff has been returned as undeliverable, and plaintiff has not contacted the court since January 4, 2024. Plaintiff failed to comply with the court’s Orders requiring plaintiff to maintain an accurate mailing address. Therefore, the court finds that plaintiff failed to prosecute this action, pursuant to Federal Rule of Civil Procedure 41(b), by not complying with the court’s prior Orders. See Ballard v. Carlson, 882 F.2d 93, 96 (4th Cir. 1989) (stating pro se litigants are subject to time requirements and respect for court orders and dismissal is an appropriate sanction for non- compliance); Donnelly v. Johns-Manville Sales Corp., 677 F.2d 339, 340-41 (3d Cir. 1982) (recognizing a district court may sua sponte dismiss an action pursuant to Fed. R. Civ. P. 41(b)). Accordingly, this action is DISMISSED without prejudice, all pending motions are DENIED as moot, and this matter is STRICKEN from the docket of this court. The Clerk is directed to send copies of this Order to the parties. Enter: October 22, 2024 lol Kobed Ss. Ballon Robert S. Ballou United States District Judge