Roberts v. Sullivan County Medical et al

Filing 10

MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 4/8/16. (c/m)(ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
JAMES F. ROBERTS, JR.,
Plaintiff,
v.
SULLIVAN COUNTY MEDICAL,
SULLIVAN COUNTY CORRECTIONAL
CENTER, and C. FRAZIER, Nurse,
Defendants.

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No.: 3:15-CV-583-TAV-HBG

MEMORANDUM AND ORDER
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 two separate pieces of correspondence mailed to Plaintiff
at the address he listed as his current address in his complaint. The correspondence was
returned to the Court by the postal authorities more than ten days ago, with the faces of the
envelopes marked, “Not Here, RTS (“Return to Sender”), and Undeliverable as Addressed,”
[Docs. 6, 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 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 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/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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