ALLEN v. STATE OF NORTH CAROLINA
Filing
8
ORDER that the Petition, (Doc. 1 ), is DISMISSED WITHOUT PREJUDICE pursuant to Local Rule 11.1(b) for failure to prosecute. A Judgment dismissing this action will be filed contemporaneously herewith. Signed by JUDGE WILLIAM L. OSTEEN, JR on 01/27/2025. (at)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
TRACY ALLEN
Petitioner,
v.
STATE OF NORTH CAROLINA,
Respondent.
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1:24-cv-597
ORDER
On August 7, 2024, the United States Magistrate Judge’s
Order and Recommendation was filed and notice was served on the
parties pursuant to 28 U.S.C. § 636. (Docs. 3, 4, 6.) No
objections were filed within the time limits prescribed by
Section 636.
The record reflects that the Recommendation was served by
mail to Plaintiff’s last known address at Danville City Jail,
P.O. Box 3304, Danville, Virgina, but returned as undeliverable
and marked “Return to Sender, Inmate sent to VA Department of
Correction, UTF.” (See Doc. 7.) This court has no obligation to
locate Plaintiff to provide actual notice; instead, it is the
duty of a litigant to keep this court informed of a current
address. LR 11.1(b). Because Plaintiff has not provided the
court with an address within 63 days of the date of the last
return of mail, the court finds the case should be dismissed
without prejudice for failure to prosecute. See LR 11.1(b).
IT IS THEREFORE ORDERED that the Petition, (Doc.
1), is DISMISSED WITHOUT PREJUDICE pursuant to Local Rule
11.1(b) for failure to prosecute.
A Judgment dismissing this action will be filed
contemporaneously herewith.
This the 27th day of January, 2025.
__________________________________
United States District Judge
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