Presley v. Jones et al

Filing 84

ORDER dismissing the case with prejudice. Signed by Judge Samuel H. Mays, Jr on 3/9/2022. (Mays, Samuel)

Case 2:18-cv-02087-SHM-cgc Document 84 Filed 03/09/22 Page 1 of 3

PageID 386

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
KRISTOPHER W. PRESLEY,
Plaintiff,
v.
OFFICER JONES, ET AL.,
Defendants.

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No. 2:18-cv-2087

ORDER DISMISSING CASE WITH PREJUDICE
On February 5, 2018, pro se Plaintiff Kristopher Presley
filed this civil action pursuant to 42 U.S.C. § 1983.
1.)

(ECF No.

Presley alleged that his constitutional rights had been

violated during a prison riot at Shelby County Jail.

(Id.)

On

February 6, 2018, the Court granted leave to proceed in forma
pauperis and assessed the §350 civil filing fee.

(ECF No. 4.)

The Court told Presley that he must notify the Court immediately,
in writing, of any change of address.
Presley filed his Amended Complaint.

(Id.)

On August 20, 2019,

(ECF No. 17.)

The Court

screened the Amended Complaint and concluded that Presley had
sufficiently pleaded constitutional claims against Defendants
Robert Moore and Shelby County (the “Defendants.”)
22.)

(ECF No.

The Court again reminded Presley to notify the Court of

any change of address. (Id.)

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Prison security footage of the riot soon became a crucial
piece of evidence in the case.

Presley did not have access to

the video evidence and asked the Court to send it to him at USP
Tucson, where he was incarcerated.

(ECF Nos. 53, 57.)

On

September 23, 2020, Defendants filed their Joint Motion for
Summary Judgment, which relied on the security footage.
No. 71.)

(ECF

On October 6, 2020, Presley argued that summary

judgment was improper because he had not received the video
evidence.

(ECF No. 73.)

On October 8, 2020, Presley asked the

Court to stay its decision on the Motion for Summary Judgment
until he could see the video evidence.

(ECF No. 74.)

On February 2, 2022, the Court granted Presley’s requests
to see the video evidence.

(ECF Nos. 79, 80.)

The Court gave

Presley until March 14, 2022, to respond to the Motion for
Summary Judgment.

(ECF Nos. 81, 82.)

Presley was released from USP Tucson.
Prisons,

Inmate

Locator,

On February 4, 2022,
See Federal Bureau of

“Kristopher

Presley,”

https://www.bop.gov/inmateloc/ (last accessed Mar. 9, 2022).

On

March

as

7,

2022,

undeliverable.

mail

sent

to

Presley

was

returned

(ECF No. 83.)

Rule 41(b) gives the Court authority to dismiss a case if
the plaintiff fails to prosecute or to comply with a court order.
Fed. R. Civ. P. 41(b);

see Knoll v. Am. Tel. & Tel. Co., 176

F.3d 359, 362-63 (6th Cir. 1999);
2

see also Link v. Wabash R.R.

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Co., 370 U.S. 626, 629 (1962) (“The authority of a federal trial
court to dismiss a plaintiff's action with prejudice because of
his

failure

Involuntary

to

prosecute

dismissal

cannot

under

adjudication on the merits.

Rule

seriously
41(b)

be

doubted.”).

operates

Fed. R. Civ. P. 41(b).

as

an

Presley has

failed to comply with the Court’s orders to update the Court
with his current address.

His whereabouts are unknown, and he

has failed to proceed with his case.
For the foregoing reasons, the case is DISMISSED WITH
PREJUDICE.
SO ORDERED this 9th day of March, 2022.

/s/ Samuel H. Mays, Jr.
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

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