Summary
dismissing pro se prisoner's case for failing to provide an updated address, as required by a prior order, which was mailed to the plaintiff but returned as undeliverable
Summary of this case from Fifer v. Chapter 13 Tr.Opinion
Civil Action 7:24-cv-00507
09-13-2024
JIMMY DEAN MCCORMICK, Plaintiff, v. MACK EARNEST HORN and JANICE L. DAVIS Defendants.
MEMORANDUM OPINION
HON. THOMAS T. CULLEN, UNITED STATES DISTRICT JUDGE
Plaintiff Jimmy Dean McCormick, proceeding pro se, filed this civil action under 42 U.S.C. § 1983. By Order entered August 6, 2024, the Court advised Plaintiff that he must notify the Court in writing immediately upon his transfer or release and provide the Court with his new address. (ECF No. 2, at 3.) The Court further advised Plaintiff that his failure to provide an updated address would result in dismissal of this action. (Id.)
On August 19, 2024, an order mailed to Plaintiff was returned to the Court as undeliverable, indicating that Plaintiff is no longer incarcerated at Southwest Virginia Regional Jail-Haysi and did not provide any forwarding address. (See ECF No. 4.) To date, Plaintiff has not provided the Court with an updated address. Accordingly, the Court will dismiss this action without prejudice for failure to comply with the Court's order. See Fed.R.Civ.P. 41(b). The Court notes that this dismissal is without prejudice to Plaintiff's opportunity to refile his claims in a separate civil action, subject to the applicable statute of limitations.
The Clerk is directed to forward a copy of this Order to Plaintiff at his last known address.