Smith v. Ansley et al

Filing 17

MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on November 19, 2008. (dmc)

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IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS H O T SPRINGS DIVISION Q U IN C Y TERRELL SMITH v. C iv il No. 6:08-cv-06041 PLAINTIFF SGT. ANSLEY; and DEPUTY STRICKLAND, Both of the Garland C o u n ty Detention Center M E M O R A N D U M OPINION D E FE N D A N T S P lain tiff, Quincy Terrell Smith, filed this civil rights action pursuant to the provisions of 42 U .S.C . 1983. He proceeds pro se and informa pauperis. The case is before me pursuant to the co n sen t of the parties (Doc. 9). On October 30, 2008, Defendants filed a motion to dismiss (Doc. 16), Plaintiff has not responded to the motion to dismiss in the time allowed by Rule 7.2(b) of the Local R u les for the Eastern and Western Districts of Arkansas. Discussion Wh en he filed this lawsuit, Plaintiff was incarcerated at the Garland County Detention Center (D oc. 1). On July 11, 2008, Defendants filed a notice of returned mail (Doc. 10). Defendants indicated m ail they sent to Plaintiff at the Garland County Detention Center had been returned as undeliverable. T h e file was reviewed and it was noted that on the complaint Plaintiff had listed a home address. For this reason, a change of address was entered on Plaintiff's behalf (Doc. 14) utilizing the home address P lain tiff listed on the complaint. On September 22, 2008, Defendants filed a notice of return mail (Doc. 15). It indicates the mail sent to the home address listed by Plaintiff on the complaint was returned with the following notations: " re tu rn to sender, no such number, unable to forward." On October 30, 2008, Defendants filed a motion to dismiss (Doc. 16). Defendants note that to d ate they have been unable to communicate with the Plaintiff. They indicate they cannot engage in discovery or provide him with copies of pleadings. They indicate every document they have sent to the P l a in t iff since July of 2008 has been returned as undeliverable. They ask that the case be dismissed b ased on Plaintiff's failure to prosecute this action. C o n c lu s io n Th e motion to dismiss (Doc. 16) will be granted by a separate order entered this same date. Plaintiff has failed to prosecute this case and has failed to keep the court and opposing counsel inform ed of his current address. Plaintiff was advised when he opened this case that he had an o b ligatio n to keep the court informed of his current address at all times. He has failed to do so. D A T E D this 19th day of November 2008. /s/ Barry A. Bryant BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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