Arceo v. United States of America

Filing 12

MEMORANDUM OPINION. Signed by Senior Judge Inge P Johnson on 12/19/13. (ASL)

FILED
2013 Dec-19 PM 03:12
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOSE ARCEO,
Movant,
v.

UNITED STATES OF AMERICA,
Respondent.

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2:10-cv-08051-IPJ-PWG
(2:09-cr-00049-IPJ-PWG)

MEMORANDUM OPINION
This motion to vacate, set aside, or correct sentence was filed by movant, Jose Arceo
(“Movant”), on November 18, 2010. (Doc. # 1). After a long period of inactivity in this case, on
December 4, 2013, the magistrate judge ordered Movant to show cause why this case should not be
dismissed for lack of prosecution. (Doc. # 11). That order has been returned to the Court as
undeliverable, with the notation “REFUSED - NOT AT THIS FACILITY.” Movant has a duty to
notify the Court of any changes in his mailing address. Movant is aware of this duty, as evidenced
by the previous notice of change of address, which he filed on March 23, 2011. (Doc. # 9).
Accordingly, this case is due to be dismissed for failure to prosecute.
An separate final judgment will be entered.
DONE this 19th day of December, 2013.

INGE PRYTZ JOHNSON
SENIOR U.S. DISTRICT JUDGE