Holbrook v. State of Mississippi et al

Filing 12

ORDER dismissing this action without prejudice for failure to comply with a Court Order and/or failure to keep the Court apprised of his address. Signed by District Judge Daniel P. Jordan III on August 24, 2015 (EH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
FELIX DUANE HOLBROOK

PETITIONER

V.

CIVIL ACTION NO. 3:15-cv-126-DPJ-FKB

STATE OF MISSISSIPPI
and LAUDERDALE COUNTY

RESPONDENTS
ORDER OF DISMISSAL

This cause is before the Court sua sponte. At the time he filed this action, pro se
Petitioner Felix Duane Holbrook was incarcerated at the Lauderdale County Detention Center in
Meridian, Mississippi. On June 15, 2015, the Court ordered [8] Holbrook to file a response
indicating the status of the charges against him and results of his April 6, 2015, trial setting. The
Order [8] was returned as undeliverable [9]. On July 28, 2015, the Court entered an Order to
Show Cause [10], directing Holbrook to show cause by August 14, 2015, why this case should
not be dismissed for failure to prosecute and failure to file a response to the Court’s Order [8].
This Order [10] was also returned as undeliverable [11].
To date, Holbrook has not filed his Response, notified the Court of his address change, or
otherwise contacted the Court. In each of the Court’s prior Orders [5, 8, 10], Holbrook was
advised that a failure to keep the Court apprised of his address and/or a failure to comply with
any Court Order may result in dismissal.1
Accordingly, the Court finds that this action should be dismissed without prejudice.
A separate judgment will be entered in accordance with Federal Rule of Civil Procedure

1

On March 25, 2015, the Court granted Petitioner’s motion to proceed in forma pauperis
and warned him that a failure to advise the Court of a change of address will result in dismissal.
Order [5].

58.
SO ORDERED AND ADJUDGED this the 24nd day of August, 2015.

s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE