Womack v. McKernan et al

Filing 13

MEMORANDUM AND ORDER - This matter is is dismissed without prejudice because Plaintiff failed to prosecute this matter diligently and failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party) (KBJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GEOFFREY LEWIS WOMACK,
Plaintiff,
v.
PATRICK J. MCKERNAN, REY
RIOS, and MIKE KING,
Defendants.

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8:11CV97

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On May 16, 2011, the court
conducted an initial review of Plaintiff’s Complaint and concluded that it failed to
state a claim upon which relief may be granted. (Filing No. 9.) However, the court
gave Plaintiff the opportunity to file an amended complaint. (Id. at CM/ECF p. 4.)
In doing so, the court warned Plaintiff that if he failed to file an amended complaint
by June 6, 2011, his claims would be dismissed without further notice. (Id. at
CM/ECF pp. 4-5.) The court also informed Plaintiff that he was required to keep the
court informed of his current address at all times while his case was pending and that
his failure to do so could result in dismissal without further notice. (Id. at CM/ECF
p. 5.)
The Clerk of the court mailed the aforementioned Memorandum and Order to
Plaintiff at the address he provided. (Filing Nos. 8 and 9.) On May 20, 2011, the
Memorandum and Order was returned to the court as undeliverable. (Filing No. 10.)
Three days later, the court gave Plaintiff until June 20, 2011, to apprise the court of
his current address. (Filing No. 11.) Plaintiff has failed to file an amended complaint
or provide the court with his current address. (See Docket Sheet.)

IT IS THEREFORE ORDERED that:
1.
This matter is dismissed without prejudice because Plaintiff failed to
prosecute this matter diligently and failed to comply with this court’s orders.
2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 24th day of June, 2011.
BY THE COURT:
Richard G. Kopf
United States District Judge

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