McCoy v. Muskogee County
OPINION AND ORDER by District Judge James H. Payne: 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
Muskogee County Sheriff,
No. CIV 16-530-JHP-KEW
OPINION AND ORDER
Petitioner, a pro se pretrial detainee in the Muskogee County Jail, filed a petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Dkt. 1). On May 1, 2017, the Court
entered an Order granting her motion for leave to proceed in forma pauperis (Dkt. 5). On
May 8, 2017, however, the Order was returned to the Court, marked “Return to Sender,
Attempted Not Known, Unable to Forward” (Dkt. 6). Petitioner has not advised the Court
of her 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
ACCORDINGLY, this action is, in all respects, DISMISSED WITHOUT
PREJUDICE for failure to prosecute.
IT IS SO ORDERED this 11th day of May 2017.
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