Rose v. Unknown

• Court: District Court, W.D. Virginia
• Decided: February 24, 2020
• Docket: 7:19-cv-00883
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION STEVEN CORY ROSE, □ □ Plaintiff, Civil Action No, 7:19-cv-00883 v. MEMORANDUM OPINION UNKNOWN, By: Glen E. Conrad Defendant(s). Senior United States District Judge STEVEN CORY ROSE, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, while incarcerated. By its Order entered December 30, 2019, 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 9, 2020. Plaintiff failed to comply with the court’s Order 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 January 28, 2020, order. Accordingly, the court dismisses the action without prejudice. 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)). The Clerk is directed to send copies of this Memorandum Opinion oma the accompanying Order to the parties.

ENTER: This day of February, 2020.

□ Senior United States District Judge