Smith v. Ballard

Filing 5

MEMORANDUM: This action will be DISMISSED without prejudice, sua sponte, for want of prosecution. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/16/2015. (aws, ) Mailed to Antonio Smith.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

ANTONIO SMITH, A/K/A AMIR ASMA
BEY,
Plaintiff,
v.
DETECTIVE CHARLES BALLARD,
Defendant.

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No. 1:14-cv-07-CLC-SKL

MEMORANDUM

This is a prisoner’s pro se civil rights action under 42 U.S.C. § 1983. This matter is
before the Court upon the postal return of a copy of an order entered in this lawsuit, which was
mailed to Plaintiff at the address he listed as his current address in his complaint. The order was
returned to the Court by the postal authorities more than ten days ago, with the envelope marked,
"Return to Sender, Unable to Forward, and NOT IN CUSTODY” [Doc. 4]. Obviously, Plaintiff
has failed to provide the Court with notice of his correct address and, without his correct and
current address, neither the Court nor Defendant can communicate with him regarding his case.
Accordingly, this action will be DISMISSED without prejudice, sua sponte, for want of
prosecution. Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962)
(recognizing court’s authority to dismiss a case sua sponte for lack of prosecution); White v. City
of Grand Rapids, No. 01-229234, 34 F. App’x 210, 211(6th Cir. 2002) (finding pro se prisoner’s
complaint “was subject to dismissal for want of prosecution because he failed to keep the district
court apprised of his current address”); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991).

AN APPROPRIATE ORDER WILL ENTER.

/s/
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE

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