Warthen v. Warner Robins Police Department

Filing 21

ORDER DISMISSING without prejudice 1 Plaintiff's Complaint. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 11/5/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

RICARDO JAMEL WARTHEN,
Plaintiff,
VS.
BRAD MULES, et al.,
Defendants
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CIVIL No.: 5:13-CV-0175-MTT-CHW

ORDER
Plaintiff RICARDO JAMEL WARTHEN, a former probationer at the Macon
Transitional Center, filed a pro se civil rights complaint in this Court seeking relief under
42 U.S.C. § 1983. Plaintiff was ordered, after a preliminary review, to effect service on
Defendants. The order also warned Plaintiff that he was obligated to keep the Clerk
advised at all times of his current address and that failure to promptly advise the Clerk of
any change of address may result in the dismissal of his pleadings. Shortly thereafter,
Plaintiff contacted the Court and requested that he be provided “six summons” for service.
Service was apparently never perfected, however; and it has now been more than a year
since Plaintiff last corresponded with the Court.
The Court thus contacted the Macon Transitional Center on November 4, 2014,
and was informed that Plaintiff transferred back to prison sometime after this action was
filed. He was then paroled in May of 2014. Plaintiff is no longer housed within the
Department of Corrections, and the Court has no knowledge of his current whereabouts.
For this reason, and because Plaintiff has not made any effort prosecute his case within

the last year, it is hereby ORDERED that Plaintiff’s Complaint be DISMISSED without
prejudice.
SO ORDERED, this 5th day of November, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jlr