Alford v. Chrisman
OPINION AND ORDER by Judge Ronald A. White : This action is, DISMISSED WITHOUT PREJUDICE for failure to prosecute. (case terminated) (acg, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
JERRY CHRISMAN, Warden,
No. CIV 17-268-RAW-KEW
OPINION AND ORDER
On June 5, 2017, Petitioner filed this petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2241 in the United States District Court for the Western District of Oklahoma,
challenging his loss of earned credits resulting from a misconduct conviction (Dkt. 1). He
paid the filing fee on June 9, 2017 (Dkt. 7).
On June 14, 2017, the assigned Magistrate Judge in the Western District entered a
Report and Recommendation, recommending that this action be transferred to the Eastern
District of Oklahoma (Dkt. 8). Petitioner’s copy of the Report and Recommendation,
however, was returned by the United States Postal Service to the Western District as
undeliverable on June 19, 2017 (Dkt. 9 at 5). According to the website for the Oklahoma
Department of Corrections at https://www.ok.gov/doc/, Petitioner discharged his sentence
on June 14, 2017. He 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).1 Because Petitioner has failed to comply with Local Civil Rule
5.6(a), this action shall be 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
ACCORDINGLY, this action is, in all respects, DISMISSED WITHOUT
PREJUDICE for failure to prosecute.
IT IS SO ORDERED this 17th day of July 2017.
RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
Local Civil Rule 5.4 for the United States District Court for the Western District of
Oklahoma is identical to this Court’s Local Rule concerning changes of addresses.
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