Sandell v. Morrison (TVV)
Filing
25
MEMORANDUM AND OPINION - Signed by Chief District Judge Thomas A Varlan on 2/1/2016. (copy mailed)(KMK, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
ALVIN SANDELL,
Plaintiff,
v.
OFFICER MORRISON, TIM HEARNE, and
OFFICER UNDERWOOD,
Defendants.
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No.:
3:13-CV-677-TAV-HBG
MEMORANDUM
This is a pro se complaint for violation of civil rights pursuant to 42 U.S.C. § 1983. This
matter is before the Court upon postal return of an order the Court mailed to Plaintiff at
the most recent address Plaintiff provided to the Court. The postal authorities returned
the mail to the Court more than ten days ago with the envelope marked “RETURNED
TO SENDER, Not at this Facility, Inactive” [Doc. 23 p. 1]. Accordingly, it is clear that
Plaintiff has failed to provide the Court with notice of his correct address and, without his
correct and current address, neither the Court nor Defendants can communicate with him
regarding his case. The Court previously ordered Plaintiff to inform the Court and
Defendants or their counsel of record of any address changes immediately and also
warned Plaintiff that failure to provide a correct address within ten days may result in the
dismissal of this action [Doc. 11 p. 2].
Accordingly, this action will be DISMISSED for failure to comply with orders of the
Court and 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, 2002 WL
926998, at *1 (6th Cir. May 7, 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). Defendant Hearne’s pending
motion for judgment as a matter of law [Doc. 24] will therefore be DENIED as moot.
The Court CERTIFIES that any appeal from this action would not be taken in good faith
and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure.
AN APPROPRIATE ORDER WILL ENTER.
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
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