Hemphill v. St. Louis City Jails et al

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. A separate order of dismissal will be entered herewith. IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Signed by District Judge Stephen R. Clark on 9/7/2021. (LNJ)

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Case: 4:21-cv-00288-SRC Doc. #: 9 Filed: 09/07/21 Page: 1 of 2 PageID #: 59 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DAVON HEMPHILL, Plaintiff, v. ST. LOUIS CITY JAILS, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 4:21-cv-288-SRC MEMORANDUM AND ORDER This matter is before the Court on review of the file. On August 4, 2021, mail that this Court sent to self-represented plaintiff Davon Hemphill was returned without a forwarding address, and plaintiff has not notified the Court of any change in his address. According to the Local Rules of this Court, every self-represented party is required to promptly notify the Clerk of any change in his address or telephone number. E.D.Mo. L.R. 2.06(B). “If any mail to a selfrepresented plaintiff or petitioner is returned to the Court without a forwarding address and the self-represented plaintiff or petitioner does not notify the Court of the change of address within thirty (30) days, the Court may, without further notice, dismiss the action without prejudice.” Id. In this case, more than thirty days have passed since the mail was returned, and plaintiff has not notified the Court of a change of address. The Court will therefore dismiss this action, without prejudice, pursuant to Local Rule 2.06(B). This dismissal will not count as a “strike” for purposes of 28 U.S.C. § 1915(g). Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. A separate order of dismissal will be entered herewith. Case: 4:21-cv-00288-SRC Doc. #: 9 Filed: 09/07/21 Page: 2 of 2 PageID #: 60 IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Dated this 7th day of September, 2021. STEPHEN R. CLARK UNITED STATES DISTRICT JUDGE 2

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