Opinion
Civil Action 1:21-CV-00064-NBB-DAS
08-09-2021
JEREMY DAVIS PLAINTIFF v. JIMMY EDWARDS, SCOTT BENSON, and KAYLA HARRISON DEFENDANTS
ORDER DISMISSING CASE WITHOUT PREJUDICE
NEAL B. BIGGERS, JR. UNITED STATES DISTRICT JUDGE
This matter comes before the Court, sua sponte, for consideration of dismissal. On April 1, 2021, Plaintiff Jeremy Davis, proceeding pro se, filed a complaint challenging the conditions of his confinement pursuant to 42 U.S.C. § 1983. Doc. # 1. Subsequently, on April 12, 2021, the Court entered an order setting this matter for a Spears hearing. Doc. # 8. The order required Plaintiff to keep the court apprised of his current address and cautioned that his failure to do so could result in the dismissal of this case. Id. Despite this warning, Plaintiff failed to comply. See Doc. # 12 (mail returned undeliverable). Consequently, on July 12, 2021, the Court entered an Order directing Plaintiff to show cause, within twenty-one (21) days, why his case should not be dismissed for failure to prosecute and/or obey an order of the Court. Doc. # 13. Plaintiff has failed to respond to the show cause order, and the time for doing so has passed. Accordingly, the Court finds that the instant action is hereby DISMISSED without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure.
SO ORDERED