Abel v. Curtis
Filing
5
OPINION AND ORDER DISMISSING CASE without prejudice Signed by District Judge Robert H. Cleland. (LWag)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN ABEL,
Plaintiff,
v.
Case No. 21-10515
CURTIS,
Defendant.
OPINION AND ORDER DISMISSING THE COMPLAINT WITHOUT PREJUDICE
Plaintiff Brian Abel filed a pro se complaint in this case and an application to
proceed in forma pauperis. (ECF Nos. 1, 2.) On April 22, 2021, the court granted Abel
leave to proceed in forma pauperis and directed him to provide a full name and address
for Defendant Curtis. (ECF No. 4.) The court ordered Abel to provide this information
by May 31, 2021 and cautioned that failure to do so could result in dismissal of this
action. (Id.) Abel has not complied with the court’s order.
Under Federal Rules of Civil Procedure 41(b), a federal court may sua sponte
dismiss a claim for failure to prosecute or comply with an order. Link v. Wabash R.R.
Co., 370 U.S. 626, 630-32 (1962); Steward v. City of Jackson, 8 F. App’x 294, 296 (6th
Cir. 2001). “The power to invoke this sanction is necessary in order to prevent undue
delays in the disposition of pending cases and to avoid congestion in the calendars of
the District Courts.” Link, 370 U.S. at 629-630.
Abel’s failure to provide the Court with a full name and address for defendant
Curtis makes it impossible for this case to proceed. While the United States Marshal’s
Office is responsible for effecting service because Plaintiff is proceeding in forma
pauperis, the court is not required “to actively seek out the address of a defendant so
that service can be effectuated.” Fitts v. Sicker, 232 F. App’x 436, 444 (6th Cir. 2007).
The time for service of process under Federal Rule of Civil Procedure 4(m) has now
expired.
Abel has not fulfilled his responsibility to provide the full name and address for
defendant Curtis despite being warned that failure to do could result in dismissal. He
also has not sought an extension of time or offered a reason for failing to comply with
the court’s order. According,
IT IS ORDERED that the complaint (ECF No. 1) is DISMISSED WITHOUT
PREJUDICE.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: June 21, 2021
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 21, 2021, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
(810) 292-6522
S:\Cleland\Cleland\JUDGE'S DESK\C2 ORDERS\21-10515.ABEL.DismissalWithoutPrejudice.MBC.RMK.docx
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?