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Mullins v. Large

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION
Oct 25, 2019
Civil Action No. 7:19-cv-00584 (W.D. Va. Oct. 25, 2019)

Opinion

Civil Action No. 7:19-cv-00584

10-25-2019

DERICK COLBY MULLINS, Plaintiff, v. CRYSTAL LARGE, et al, Defendant(s).


OPINION

DERICK COLBY MULLINS, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. § 1983. By its order entered October 11, 2019, the defendants were notified of the action. Plaintiff was notified in the first conditional filed order dated August 27, 2019, 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 September 3, 2019. 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 order. Accordingly, the court dismisses the action without prejudice and denies all pending motions as moot. 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 and the accompanying Order to the parties.

ENTER: This 25th day of October, 2019.

/s/James P. Jones

United States District Judge


Summaries of

Mullins v. Large

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION
Oct 25, 2019
Civil Action No. 7:19-cv-00584 (W.D. Va. Oct. 25, 2019)
Case details for

Mullins v. Large

Case Details

Full title:DERICK COLBY MULLINS, Plaintiff, v. CRYSTAL LARGE, et al, Defendant(s).

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

Date published: Oct 25, 2019

Citations

Civil Action No. 7:19-cv-00584 (W.D. Va. Oct. 25, 2019)