Cutting v. Mathis et al

Filing 7

MEMORANDUM OPINION: Accordingly, this action will be DISMISSED sua sponte for want of prosecution. See Order for details. (c/m pro se plaintiff) Signed by District Judge J Ronnie Greer on 03/20/2017. (CAT)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE OSCAR RAY CUTTING, Plaintiff, v. SHERIFF CHRIS MATHIS, CAPTAIN TOM SMITH, CHIEF RON STREET, DR. KENNETH MATHEWS, NURSE PRACTIONER FRANCESCA SHOUHN, VISE PRESIDENT DR. KRISTAL SHOUNDERS, and NURSE AMBER CORKER, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2:14-CV-262-JRG-MCLC MEMORANDUM OPINION This pro se prisoner’s civil rights action under 42 U.S.C. § 1983 is before the Court on the postal return of court correspondence mailed to Plaintiff at the last address he provided to the Court [Doc. 6]. The correspondence was returned to the Court by the postal authorities more than fourteen days ago, with the face of the envelope marked, “Return to Sender and Paroled” [Id.]. It appears that Plaintiff has failed to apprise the Court of his current address and, without his correct and current address, neither the Court nor Defendants can communicate with him regarding his case. In fact, Local Rule 83.13 not only requires pro se litigants, such as Plaintiff, to file a written notice with the Clerk, but also requires written notice to be given to all parties, within fourteen days of any change of address. See E.D. Tenn. L.R. 83.13. Accordingly, this action will be DISMISSED sua sponte for want of prosecution. See Fed. R. Civ. P. 41(b); see also 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 a 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/J. RONNIE GREER UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?