Stewart v. Landry
Filing
4
RULING: The plaintiffs claims are hereby dismissed, without prejudice, for failure of the plaintiff to prosecute this proceeding and for failure to keep the Court apprised of a current address. IT IS FURTHER ORDERED that, on motion of the plaintiff, filed within thirty (30) days, and upon a showing of good cause the Court may consider reinstatement of the plaintiffs claims on the Courts Docket.Signed by Chief Judge Shelly D. Dick on 2/18/2021. (KMW)
Case 3:20-cv-00715-SDD-RLB
Document 4
02/18/21 Page 1 of 2
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
GREGORY STEWART
CIVIL ACTION
VERSUS
20-715-SDD-RLB
JEFF LANDRY, ET AL.
RULING
On or about October 8, 2020 the pro se plaintiff, a person formerly confined at the
Ascension Parish Sheriff’s Office, filed this proceeding pursuant to 42 U.S.C. § 1983. See R. Doc.
1. Pursuant to correspondence dated December 22, 2020 (R. Doc. 2), the Court directed the
plaintiff to correct certain deficiencies within 21 days and advised that failure to do so would result
in dismissal of his suit without further notice.
A review of the record now reflects that the plaintiff has failed to correct the deficiencies
as directed. Instead, a copy of the Deficiency Notice has been returned to the Court on January
13, 2021 as undeliverable, with a notation of “RETURN TO SENDER NOT DELIVERABLE AS
ADDRESSED UNABLE TO FORWARD.” See R. Doc. 3.
Pursuant to Local Rule 41(b)(4) of the Court, the failure of a pro se litigant to keep the
Court apprised of a change of address may constitute a cause for dismissal for failure to prosecute
when a notice has been returned to a party or the Court for the reason of an incorrect address and
no correction is made to the address for a period of thirty (30) days. As a practical matter, the case
cannot proceed without an address where the plaintiff may be reached and where he may receive
pertinent pleadings, notices or rulings. Accordingly,
Case 3:20-cv-00715-SDD-RLB
Document 4
02/18/21 Page 2 of 2
IT IS ORDERED that the plaintiff’s claims be and are hereby dismissed, without
prejudice, for failure of the plaintiff to prosecute this proceeding and for failure to keep the Court
apprised of a current address.
IT IS FURTHER ORDERED that, on motion of the plaintiff, filed within thirty (30) days,
and upon a showing of good cause the Court may consider reinstatement of the plaintiff’s claims
on the Court’s Docket. Judgment shall be entered accordingly.
18th
Signed in Baton Rouge, Louisiana on February 17, 2021.
S
CHIEF JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
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