Opinion
CIVIL ACTION NO. 21-79-JWD-EWD
04-30-2021
OTIS BEDWELL (#291022) v. JEFF LANDRY, ET AL.
RULING
On or about February 3, 2021, the pro se Petitioner, a person then confined at the Louisiana State Penitentiary ("LSP"), Angola, Louisiana, filed this proceeding pursuant to 28 U.S.C. § 2254. On March 11, 2021, the Court denied Petitioner's request to proceed in forma pauperis and directed him to pay the filing fee of $5.00 by April 1, 2021. On March 24, 2021, the letter was returned as undeliverable with notations indicating that Plaintiff was no longer at LSP.
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Pursuant to Local Rule 41(b)(4) of the Court, the failure of a pro se litigant to keep the Court apprised of a change of address may constitute a cause for dismissal for failure to prosecute when a notice has been returned to a party or the Court for the reason of an incorrect address and no correction is made to the address for a period of thirty (30) days. As a practical matter, the case cannot proceed without an address where Petitioner may be reached and where he may receive pertinent pleadings, notices or rulings. Accordingly,
IT IS ORDERED that the claims of Petitioner be and are hereby DISMISSED, WITHOUT PREJUDICE, for failure of Petitioner to prosecute this proceeding and for failure to keep the Court apprised of a current address.
IT IS FURTHER ORDERED that, on motion of Petitioner, filed within thirty (30) days, and upon a showing of good cause the Court may consider reinstatement of Petitioner's claims on the Court's Docket. Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on April 30, 2021.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA