Looney v. Lock et al

Filing 6

OPINION AND ORDER by Judge Ronald A. White : This action is, in all respects, DISMISSED WITHOUT PREJUDICE for failure to prosecute. (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
JOSHUA J. LOONEY,

Plaintiff,

MATT LOCK, eta!.,

Defendants.

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No. CIV 11-254-RAW-SPS

OPINION AND ORDER

On July 29,2011, plaintiff filed this complaint with a motion for leave to proceed in
forma pauperis. The motion was granted on August 25, 2011, and on that same date the

Court Clerk sent him USM-285 forms for the defendants, with instructions to complete and
return the forms. The mail to plaintiff was returned on August 31,2011, with a notation that
plaintiff no longer was at the Muskogee County Jail. On September 2, 2011, plaintiff's copy
of the Order Granting Leave to Proceed In Forma Pauperis also was returned to the court
with a notation of"not here." The Court Clerk has confirmed by telephone that plaintiff no
longer is incarcerated at the Muskogee County Jail.
Plaintiff has failed to advise the court of his current address, as required by Local
Civil Rule 5.5(a). Therefore, this action is dismissed without prejudice for failure to
prosecute. See United States ex rei. Jimenez v. Health Net, Inc., 400 F.3d 853, 854-56 (lOth
Cir. 2005) (dismissing appeal sua sponte for failure to prosecute because appellant
disappeared and failed to meet court deadlines).
ACCORDINGLY, this action is, in all respects, DISMISSED WITHOUT

PREJUDICE for failure to prosecute.
IT IS SO ORDERED this

jq-fV day of October 2011.

RONALD A. WHITE
UNITED STATES DISTRICT JUDGE