Saunders v. Crow et al

Filing 19

ORDER instructing plaintiff to provide his new address to the Clerk's Office within 14 days from entry of this Order. Failure to provide current address will result in dismissal. Plaintiff's responses due by 12/11/2014. Signed by District Judge Robert J. Conrad, Jr on 11/24/14. (Pro se litigant served by US Mail.)(smj)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12-cv-60-RJC
RYAN SCOTT SAUNDERS,
Plaintiff,
v.
JOHN CROW, SORRELL
SAUNDERS, NC DEPARTMENT
OF CORRECTIONS, Medical
Department,
Defendants.

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ORDER

THIS MATTER is before the Court on its own motion.
While a prisoner of the State of North Carolina, Plaintiff filed a pro se complaint under 42
U.S.C. § 1983. In the complaint, Plaintiff alleged that he was receiving inadequate medical
treatment. Following an initial review pursuant 28 U.S.C. § 1915A(a), the Court found that
Plaintiff had stated a colorable claim and ordered the clerk to issue service of process. The U.S.
Marshals Service served each of the defendants and they filed a joint answer and raised, among
other defenses that Plaintiff failed to state a claim for relief.
According to the website of the North Carolina Department of Public Safety, Plaintiff has
been released from custody however he has not provided this Court with a current address
following his release. Before the Court proceeds to enter a Pretrial Order and Case Management
Plan, and consume further judicial resources and the resources of counsel for the defendants, the
Court will order Plaintiff to provide the Clerk’s Office with a current address such that this case
may proceed.
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Plaintiffs have a general duty and responsibility to prosecute their cases, and this includes
the obligation to provide the Court with a current address. See Carey v. King, 856 F.2d 1439, 1441
(9th Cir. 1988). Federal Rule of Civil Procedure 41(b) provides as follows:
(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply
with these rules or a court order, a defendant may move to dismiss the action or
any claim against it. Unless the dismissal order states otherwise, a dismissal under
this subdivision (b) and any dismissal not under this rule—except one for lack of
jurisdiction, improper venue, or failure to join a party under Rule 19—operates as
an adjudication on the merits.
The Clerk will be directed to send a copy of this Order to the last known address which is
on file with the Court. Plaintiff is directed to send a copy of his present address within 14
days from entry of this Order and he is warned that failure to do so will result in dismissal
of this civil action and without further notice.
IT IS, THEREFORE, ORDERED that:
1. The Clerk shall send a copy of this Order to Plaintiff’s last known address.
2. Plaintiff shall provide his new address to the Clerk’s Office within 14-days from entry
of this Order.
3. Failure to provide a current address within 14-days from entry of this Order will result
in dismissal of this civil action and without further notice.
IT IS SO ORDERED.
Signed: November 24, 2014

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