Graham v. Benton County Sheriff's Dept., et al

Filing 20

MEMORANDUM OPINION. Signed by Honorable James R. Marschewski on April 30, 2009. (src)

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IN THE UNITED STATES DISTRICT COURT W E ST E R N DISTRICT OF ARKANSAS FA Y E T T E V ILLE DIVISION C U R T IS RAY GRAHAM v. SHERIFF KEITH FERGUSON; CAPTAIN HUNTER PETRAY; DR. HUSKINS; and C OR PO RA L LOCKHART M E M O R A N D U M OPINION C urtis Ray Graham filed this civil rights action pursuant to the provisions of 42 U.S.C. 19 83 . He proceeds pro se and in forma pauperis. When he filed this action, Graham was incarcerated at the Benton County Detention Center. Subsequently, he was released and provided the court with a change of address. On March 19, 2009, a change of address was entered on his behalf (Doc. 7). All mail sent to Graham at the address he provided has been returned as undeliverable. See D oc ket Entry (4/20/09). On April 22, 2009, defendants filed a motion to dismiss (Doc. 17) this action pursuant to Rule 5.5(c)(2) of the Local Rules of the Eastern and Western Districts of Arkansas ba sed on Graham's failure to keep the court or defendants informed of his current address. D efend ants state they have been unable to serve Graham with their answer. I find this action should be dismissed based on the failure of the plaintiff to prosecute this action and his failure to keep the court informed of his current address. Fed. R. Civ. P. 41(b); Local Rule 5.5(c). A separate order in accordance with this opinion will be entered. DA TE D this 30th day of April 2009. /s/ J. Civil No. 08-5261 PLAINTIFF D E FE N D A N T S Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE -1- AO72A (Rev. 8/82)

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