Booker v. Chung et al

Filing 17

***FILED IN WRONG CASE. PLEASE IGNORE.*** MEMORANDUM OPINION regarding plaintiff's claims. Signed by Judge Thad Heartfield on 1/5/2010. (bjc, ) Modified on 1/6/2010 (bjc, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION GILBERT CHAVEZ VS. REGINALD GOINGS MEMORANDUM OPINION Plaintiff Gilbert Chavez, formerly an inmate at the Larry Gist State Jail, proceeding pro se, filed the above-styled civil rights lawsuit pursuant to 42 U.S.C. 1983. Institutional officials have informed a member of the court's staff that plaintiff is no longer at his unit of incarceration. Plaintiff has not provided the court with a new address. By not CIVIL ACTION NO. 1:09cv516 providing the court with a current address, plaintiff has made it impossible for the court to communicate with him and move this matter towards disposition. Federal Rule of Civil Procedure 41(b) authorizes the district court to dismiss an action for want of prosecution sua sponte whenever necessary to achieve the orderly and expeditious disposition of cases. Anthony v. Marion County General Hospital, See also McCullough v. The exercise of the power 617 F.2d 1164, 1167 (5th Cir. 1980). Lynaugh, 835 F.2d 1126 (5th Cir. 1988). to dismiss for failure to prosecute is committed to the sound discretion of the Court and appellate review is confined solely in whether the Court's discretion was abused. Green v. Forney Engineering Co., 589 F.2d 243 (5th Cir. 1979); Lopez v. Aransas County Independent School District, 570 F.2d 541 (5th Cir. 1978). By failing to provide the court with his correct address, plaintiff has failed to diligently prosecute this case. will therefore be dismissed. Conclusion For the foregoing reasons, this action will be dismissed without prejudice for want of prosecution. An appropriate Final This case Judgment shall be entered in accordance with this Memorandum Opinion. If plaintiff wishes to reinstate this case on the court's active docket, he may do so by providing the court with his correct address within 60 days of the date set forth below. SIGNED this the 5 day of January, 2010. ____________________________ Thad Heartfield United States District Judge 2

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