Opinion
CASE NO. 1:12-0044
09-27-2012
Chief Judge Haynes
ORDER
Upon review of the file, the Clerk of Court mailed a copy of the Court's Order (Docket Entry No. 13) in this action on September 14, 2012 to Plaintiff Kenneth R. Bell. The copy of the Order to Plaintiff Bell was "Returned to Sender, Not Deliverable." (Docket Entry No. 16).
Under Fed. R. Civ. P. 5(b), service is effective upon mailing to the party's last known address. It is a party's responsibility to inform the Court of his address so as to enable the Court to inform all parties of matters arising in the litigation. Downs v. Pyburn, No. 3:87-0471 (M.D. Tenn. Order filed September 4, 1987). Plaintiff has failed to inform the Court of his new address or refuses to claim mailings from the Court, and the Court is unable to conduct the necessary proceedings in this action.
Accordingly, the claims of Plaintiff Kenneth R. Bell are DISMISSED without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiffs failure to prosecute.
It is so ORDERED.
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WILLIAM J. HAYNES, JR
Chief United States District Judge