Dowden v. Kelly et al
MEMORANDUM OPINION. By failing to provide the court with a correct address, plaintiff has prevented the court from communicating with him and moving this case towards resolution. For this reason, this matter will be dismissed without prejudice for want of prosecution. Signed by Magistrate Judge Keith F. Giblin on 7/20/15. (mrp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:14cv469
Aaron Dowden, proceeding pro se, filed the above-styled civil
The court previously entered an order directing plaintiff to
pay an initial partial filing fee.
A copy of the order was sent to
plaintiff at the Holliday Unit of the Texas Department of Criminal
Justice, Correctional Institutions Division, the address provided
to the court by plaintiff.
The copy of the order sent to plaintiff
was returned to the court with a notation indicating plaintiff was
no longer at the address provided.
Plaintiff has not provided the
court with a new address.
This case was directly assigned to the undersigned magistrate judge
pursuant to this district’s General Order 14-10. Plaintiff has provided
voluntary written consent to have the assigned magistrate judge conduct all
further proceedings in this case, including entry of final judgment, in
accordance with 28 U.S.C. § 636. The defendants in this action have not been
served with process and, as a result, have not appeared. As a result, the
defendants’ consent is not needed for the undersigned to make a final
determination in this matter. See Neals v. Norwood, 59 F.3d 530, 532 (5th
Federal Rule of Civil Procedure 41(b) authorizes the district
court to dismiss an action for want of prosecution sua sponte
disposition of cases.
Anthony v. Marion County General Hospital,
617 F.2d 1164, 1167 (5th Cir. 1980).
See also McCullough v.
expeditious disposition of cases requires that if a litigant's
address changes, he has a duty to inform the court of the change.
The United States Court of Appeals for the Fifth Circuit has said
It is neither feasible nor legally required that the clerks
of the district courts undertake independently to maintain
current addresses on all parties to pending actions. It is
incumbent upon litigants to inform the court of address
changes, for it is manifest that communications between the
clerk and the parties or their counsel will be conducted
principally by mail. In addition to keeping the clerk informed of any change of address, parties are obliged to make
timely status inquiries. Address changes normally would be
reflected by those inquiries if made in writing.
Shannon v. State of Louisiana, 1988 WL 54768, No. 87-3951 (E.D. La.
May 23, 1988) (quoting Perkins v. King, No. 84-3310 (5th Cir. May
19, 1985)); see also Carey v. King, 856 F.2d 1439 (9th Cir. 1988)
(per curiam) (pro se plaintiff's case dismissed for failure to
prosecute when he failed to keep the court apprised of his current
The exercise of the power to dismiss for failure to
prosecute is committed to the sound discretion of the court and
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 a correct address,
plaintiff has prevented the court from communicating with him and
moving this case towards resolution.
diligently prosecute this case.
He has therefore failed to
This matter should therefore be
For the reasons set forth above, this matter will be dismissed
without prejudice for want of prosecution.
A final judgment shall
plaintiff wishes to have this case reinstated on the court's active
docket, he may do so by providing the court with a current address
within 120 days of the date set forth below.
Hello This is a Test
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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