Stephens v. Warren County Jail et al
Filing
10
MEMORANDUM Signed by District Judge Harry S Mattice, Jr on 7/21/16. (GRE, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
JOHNNY WADE STEPHENS,
Plaintiff,
v.
WARREN COUNTY JAIL, SHERIFF
JACKIE MATHENY, KRISTY
STARGILL, EDDIE KNOWLES, DAVID
FLORANCE, CAROL DARBY,
Defendants.
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No.: 4:14-cv-78-HSM-WBC
MEMORANDUM
This prisoner’s pro se civil rights action under 42 U.S.C. § 1983 is before the Court upon
the postal return of court correspondence mailed to Plaintiff at the address he listed as his current
address in his complaint and on envelopes of letters he mailed to the Court thereafter [Doc. 9].
The correspondence was returned to the Court by the postal authorities more than fourteen days
ago, with the face of the envelope marked, “Not Here, Return to Sender, and Unable to Forward”
[Id.].
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 Defendant 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.
Accordingly, this action will be DISMISSED, 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 JUDGMENT ORDER WILL ENTER.
/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE
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