Smith v. Fargo et al

Filing 27

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 11/10/2015. Copy mailed to pro se Plaintiff. (nbrow, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

P
•

I 0 2015
CLERK, U.S. DISTRICT COURT

KEVIN LEON SMITH,

RICHMOND, VA

Plaintiff,
Civil Action No. 3:I3CV638

V.

ALBERT FARGO,e/fl/.,
Defendants.

MEMORANDUM OPINION

By Memorandum Order entered onOctober 22, 2013, the Court conditionally docketed
Plaintiffs action. At that time, the Courtwarned Plaintiffthat he must keep the Courtinformed
as to his current address if he moved or was transferred. By Memorandum Opinion and Order

entered on October 16, 2015, theCourt granted in partand denied in part Defendants' Motion to
Dismiss. OnNovember 6, 2015, the United States Postal Service returned the October 16,2015

Memorandum Opinion and Order to the Court marked, "NOT DELIVERABLE AS
ADDRESSED, UNABLE TO FORWARD" because Plaintiff apparently relocated. Plaintiffs

failure to contact the Court and provide a current address indicates his lack of interest in

prosecuting this action. See Fed. R. Civ. P. 41(b). Accordingly, the action will be DISMISSED
WITHOUT PREJUDICE.

An appropriate Ordershall accompany this Memorandum Opinion.

Isl

James R. Spencer
Senior U. S. District Judge
Date:

Richmond, Virginia