Woodruff v. Douglas County Correctional Center et al

Filing 9

MEMORANDUM AND ORDER- Plaintiff's Complaint 1 is dismissed without prejudice because Plaintiff failed to comply with this court's orders and local rules. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party ) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHNNY R. WOODRUFF,
Plaintiff,
v.
DOUGLAS COUNTY
CORRECTIONAL CENTER, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

8:13CV285

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On September 12, 2013,
Plaintiff filed his Complaint in this matter along with a Motion for Leave to Proceed
in Forma Pauperis (“IFP”). (Filing Nos. 1 and 2.) On October 2, 2013, the court
granted Plaintiff’s IFP Motion and assessed an initial partial filing fee pursuant to 28
U.S.C. § 1915(b)(1). (Filing No. 7.) In doing so, the court warned Plaintiff that his
case would be subject to dismissal if he failed to pay the initial partial filing fee by
October 31, 2013. (Id.) On October 11, 2013, the court’s October 2, 2013,
Memorandum and Order was returned as undeliverable. (See Filing No. 8.) The
October 2, 2013, Memorandum and Order was not remailed because Plaintiff did not
provide a forwarding address. (Id.)
Plaintiff has not updated his address and his whereabouts are unknown.
Plaintiff has an obligation to keep the court informed of his current address at all
times. See NEGenR 1.3(e) and (g) (requiring pro se parties to adhere to local rules
and inform the court of address changes within 30 days). Furthermore, the court’s
October 31, 2013, deadline has passed and Plaintiff has not paid the initial partial
filing fee in this matter. (See Docket Sheet.) Accordingly, the court will dismiss
Plaintiff’s case for failing to comply with the court’s orders and local rules. See Fed.
R. Civ. Pro. 41(b); see also Conley v. Holden, No. 03-3908, 2004 WL 2202452, at *1

(8th Cir. Sept. 21, 2004) (affirming district court’s dismissal of inmate’s case for
failing to pay the assessed initial partial filing fee).
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Complaint (filing no. 1) is dismissed without prejudice
because Plaintiff failed to comply with this court’s orders and local rules.
2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 13th day of November, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The
U.S. District Court for the District of Nebraska does not endorse, recommend,
approve, or guarantee any third parties or the services or products they provide on
their Web sites. Likewise, the court has no agreements with any of these third parties
or their Web sites. The court accepts no responsibility for the availability or
functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or
directs the user to some other site does not affect the opinion of the court.
2