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Cook v. Newton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
May 7, 2013
Civil Action No. 3:12CV631 (E.D. Va. May. 7, 2013)

Summary

In Cook v. Newton, 14 Ky. Law Rep. 860, the Superior Court defined an habitual drunkard as one who "has a fixed habit of frequently getting drunk, though not oftener drunk than sober, and though sober for weeks at a time, " and in our opinion there can be found no more accurate definition, or one that is more easily understood by the jury.

Summary of this case from Sowder v. Commonwealth

Opinion

Civil Action No. 3:12CV631

05-07-2013

TYRONE R. COOK, SR., Plaintiff, v. JEFFERY NEWTON, et al., Defendants.


MEMORANDUM OPINION

By Memorandum Order entered on October 9, 2012, the Court conditionally docketed Plaintiff's action. The October 9, 2012 Memorandum Order warned Plaintiff that the Court would dismiss the action if he failed to keep the Court informed of his current address. On January 15, 2013, the United States Postal Service returned a January 7, 2013 Memorandum Order to the Court marked, "RETURN TO SENDER," "NOT DELIVERABLE AS ADDRESSED," and "UNABLE TO FORWARD." Since that date, Plaintiff has not contacted the Court to provide a current address. Plaintiff's failure to contact the Court and provide a current address indicates his lack of interest in prosecuting this action. See Fed. R. Civ. P. 41(b). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.

An appropriate Order shall accompany this Memorandum Opinion. Date: 5/7/13
Richmond, Virginia

____________

John A. Gibney, Jr.

United States District Judge


Summaries of

Cook v. Newton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
May 7, 2013
Civil Action No. 3:12CV631 (E.D. Va. May. 7, 2013)

In Cook v. Newton, 14 Ky. Law Rep. 860, the Superior Court defined an habitual drunkard as one who "has a fixed habit of frequently getting drunk, though not oftener drunk than sober, and though sober for weeks at a time, " and in our opinion there can be found no more accurate definition, or one that is more easily understood by the jury.

Summary of this case from Sowder v. Commonwealth

In Cook v. Newton, 14 Ky. Law Rep. 860, the Superior Court defined an habitual drunkard as one who 'has a fixed habit of frequently getting drunk, though not oftener drunk than sober, and though sober for weeks at a time,' and in our opinion there can be found no more accurate definition, or one that is more easily understood by the jury.

Summary of this case from Arnett v. Commonwealth
Case details for

Cook v. Newton

Case Details

Full title:TYRONE R. COOK, SR., Plaintiff, v. JEFFERY NEWTON, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

Date published: May 7, 2013

Citations

Civil Action No. 3:12CV631 (E.D. Va. May. 7, 2013)

Citing Cases

Sowder v. Commonwealth

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Patton v. Commonwealth

In that case the following instruction was approved, defining an habitual drunkard as one who "has a fixed…