Dixon v. Marion County, TN et al

Filing 25

MEMORANDUM. A Judgment will enter signed by District Judge Curtis L Collier on 11/17/11. (JGK, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
VERNON N. DIXON,
Plaintiff,
v.
MARION COUNTY, TN,
SHERIFF RONNIE “BO” BURNETT,
TAMMY MCALPIN, DR. SOWTER,
Defendant.

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No. 1:11-CV-41
Chief Judge Curtis L. Collier

MEMORANDUM
Plaintiff Vernon N. Dixon (“Plaintiff”), a pro se prisoner, filed a civil rights complaint
pursuant to 42 U.S.C. § 1983 (Court File No. 2). Presently before the Court is Defendants’ motion
to dismiss the complaint for Plaintiff’s failure to prosecute and comply with the Court’s Orders
(Court File No. 23).
In support of their motion, Defendants’ counsel avers he has attempted to serve pleadings
and discovery requests upon Plaintiff by mailing copies to his last known address at the Hamilton
County Jail, all of which have been returned, unserved, by the postal service with notations
indicating Plaintiff is no longer at the Hamilton County Jail (Court File No. 24-1).
Notably, the Court mailed a memorandum and order to Plaintiff on October 28, 2011 (Court
File No. 20). The memorandum and order was returned to the Court as undeliverable on November
4, 2011, with a notation that Plaintiff was no longer in custody (Court File No. 22). Although the
Court is unable to discern the date on which Plaintiff was released from custody, the record, at the
very least, reflects he was no longer in custody as of October 31, 2011.

As Defendants properly point out, Local Rule 83.13 requires pro se Plaintiffs to notify the
Court upon a change of address. In addition, the Court’s initial order warned Plaintiff that failure
to provide a correct address to the Court within ten (10) days following any address change would
result in the dismissal of his action (Court File No. 5).
Accordingly, Defendants’ motion to dismiss will be GRANTED (Court File No. 23), and
this action will be DISMISSED for Plaintiffs failure to prosecute and to comply with the orders of
this Court. Fed. R. Civ. P. 41(b); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991).
A judgment will enter.

/s/
CURTIS L. COLLIER
CHIEF UNITED STATES DISTRICT JUDGE

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