Krause v. Alabama Department of Corrections et al (INMATE2)

Filing 29

MEMORANDUM OPINION. Signed by Honorable Terry F. Moorer on 3/12/09. (djy, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ________________________________ R O B E R T D. KRAUSE, #248 039 P l a in tif f , v. P R I S O N HEALTH SERVICES, IN C ., et al., D e f e n d a n ts . ______________________________ * * * * * 2:07-CV-468-TFM (WO)

M E M O R A N D U M OPINION P la in tif f , proceeding pro se, filed this complaint on May 24, 2007. On May 30, 2007 th e court entered an order of procedure which instructed Plaintiff, among other things, to in f o rm the court of any change in his address. (Doc. No. 4.) The order cautioned Plaintiff th a t failure to comply with the court's requirement that it be notified of any change in his a d d re s s would result in a recommendation that this case be dismissed. (Id.) The court recently ascertained that Plaintiff is no longer housed at the Ventress C o rre c tio n a l Facility located in Clayton, Alabama, which is the last address for service the c o u rt has on file for Plaintiff. Accordingly, on March 2, 2009 the court entered an order d ire c tin g Plaintiff to provide the court with his present address on or before March 12, 2009. (D o c . No. 28.) Plaintiff was cautioned that his failure to comply with the court's March 2, 2 0 0 9 order would result in a recommendation that this case be dismissed. (Id.) On March 1 0 , 2009 Plaintiff's copy of the court's March 2, 2009 order was returned to the court marked

a s undeliverable. It is clear that Plaintiff is no longer incarcerated at the Ventress Correctional Facility a n d that he has not provided this court with his current address. The undersigned, therefore, c o n c lu d e s that this case shall be dismissed without prejudice for Plaintiff's failures to comply w ith the orders of the court and to prosecute this action. A separate order follows. D o n e , this 12 th day of March 2009.

/s /T e r r y F. Moorer TERRY F. MOORER U N IT E D STATES MAGISTRATE JUDGE

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