Branham v. Klingler
OPINION AND ORDER by Judge Ronald A. White: This action is, in all respects, DISMISSED WITHOUT PREJUDICE for failure to prosecute. (case terminated) (acg, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
OSCAR HENRY BRANHAM,
KEN KLINGER, Warden,
No. CIV 15-365-RAW-KEW
OPINION AND ORDER
Petitioner filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241
on August 6, 2015, requesting restoration of earned credits that were revoked following his
prison disciplinary hearing (Dkt. 1). The respondent filed an answer to the petition on July
6, 2016, alleging the petition should be denied and that Petitioner had been released from
custody (Dkt. 19). On July 18, 2016, mail sent to Petitioner by the Court was returned,
marked “Return to Sender, Vacant, Unable to Forward” (Dkt. 20). Petitioner has not advised
the Court of his current address, as required by the Court’s local rule:
All papers shall contain the name, mailing address, daytime telephone number,
fax number, and e-mail address, if any, of the attorney or pro se litigant. If any
of this information changes, the attorney or pro se litigant must notify the
Court by filing the form provided by the Clerk and serving a copy on opposing
counsel or pro se parties. . . .”
Local Civil Rule 5.6(a).
Because Petitioner has failed to comply with Local Civil Rule 5.6(a), this action is
dismissed without prejudice for failure to prosecute. See United States ex rel. Geminis v.
Health Net, Inc., 400 F.3d 853, 854-56 (10th 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 9th day of May 2017.
Dated this 9th day of May, 2017.
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