Lunsford v. Abbett et al (INMATE 2)(CONSENT)
Filing
25
MEMORANDUM OPINION. As it appears clear that Plaintiff is no longer residing at the most recent service address he provided to the court and that he has not provided this court with a new address for service, the undersigned concludes that dismissal of the complaint is appropriate for Plaintiffs failures to prosecute this action properly and to comply with the orders of the court. A separate order follows. Signed by Honorable Judge Terry F. Moorer on 5/14/2013. (dmn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
RODNEY ANDRE LUNSFORD,
Plaintiff,
v.
JIMMY ABBETT (SHERIFF), et al.,
Defendants.
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) CIVIL ACTION NO.: 3:12-CV-121-TFM
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[WO]
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MEMORANDUM OPINION
Plaintiff filed this 42 U.S.C. § 1983 action on February 8, 2012. When he filed this
complaint, Plaintiff was incarcerated at the Tallapoosa County Jail in Dadeville, Alabama.
On April 26, 2013 the envelope containing Plaintiff’s copy of an order filed April 19, 2013
was returned to the court marked as undeliverable because he was no longer at the address
he provided to the court when he filed the captioned action.
All parties have an affirmative duty to inform this court of any change of address
during the pendency of their actions. Plaintiff received notice of this requirement in the
court’s February 10, 2012 order of procedure. (See Doc. No. 4, ¶8(h)). Accordingly, on
April 26, 2013 the court entered an order directing Plaintiff to provide the court with his
present address on or before May 7, 2013. (Doc. No. 24.) Plaintiff was cautioned that his
failure to comply with the court's April 26 order would result in dismissal of the complaint.
(Id.) Plaintiff’s copy of the court’s April 26 order was returned to the court marked as
undeliverable.
As it appears clear that Plaintiff is no longer residing at the most recent service
address he provided to the court and that he has not provided this court with a new address
for service, the undersigned concludes that dismissal of the complaint is appropriate for
Plaintiff’s failures to prosecute this action properly and to comply with the orders of the
court.
A separate order follows.
Done, this 14 th day of May 2013.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE
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