Timbs v. Public Defender's Office et al

Filing 9

MEMORANDUM: Accordingly, this action will be DISMISSED WITHOUT PREJUDICE, suasponte, for want of prosecution. Signed by District Judge J Ronnie Greer on 4/23/2015. (c/m to pro se plaintiff) (RLC, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

EDWARD T. TIMBS,
Plaintiff,

v.

PUBLIC DEFENDER’S
OFFICE, et al.,
Defendants.

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No. 2:11-cv-373-JRG-DHI

MEMORANDUM
This is a prisoner’s pro se civil rights action under 42 U.S.C. § 1983, which is
before the Court upon the postal return of a copy of an order that 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 at Our Facility” (Doc. 8). 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 the defendants 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, 34 F.App’x 210, 211(6th Cir. 2002) (finding

that 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).

ENTER:

s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE

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