Gardner v. Sullivan County Jail et al
MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 2/16/17. (c/m)(ABF)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
DANIAL K. GARDNER,
SULLIVAN COUNTY JAIL and
This prisoner’s pro se civil rights action under 42 U.S.C. § 1983 is before the Court upon
the postal return of the Court’s correspondence mailed to Plaintiff at the address he listed as his
current address in his complaint [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, No Longer at this Facility” [Id. at 3].
Based on this, it appears 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. 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. E.D. Tenn. L.R. 83.13.
Accordingly, this action will be DISMISSED, sua sponte, for want of prosecution. Fed.
R. Civ. P. 41(b); Link v. Wabash R.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). The Clerk of Court will be
DIRECTED to CLOSE this case.
AN APPROPRIATE ORDER WILL ENTER.
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
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