Mitchell v. Higgs

Filing 10

MEMORANDUM OPINION. See for complete details. Signed by District Judge Robert E. Payne on 10/17/2016. Clerk mailed copy to pro se Plaintiff. (nbrow)

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

~L~820l~J~
CLERK, U.S. DISTRICT COURT
RICHIVIOND. VA

Plaintiff,

v.

Civil Action No. 3:16CV47

JOSEPH HIGGS,
Defendant.
MEMORANDUM OPINION

By Memorandum Order entered on February 23, 2016, the Court
conditionally

docketed

the

action.

The

Memorandum Order warned Darnell Mitchell

February

that

the

23,

2016

Court would

dismiss the action if he failed to keep the Court informed of
his current address.

On September 23,

2016,

the United States

Postal Service returned a September 14, 2016 Memorandum Order to
the Court marked,

"RETURN TO SENDER" and "NOT HERE."

Since that

date, Mitchell has not contacted the Court to provide a current
address.

Mitchell's failure to contact the Court and provide a

current address
this

action.

indicates his
See

Fed.

R.

lack of

Civ.

P.

interest

41(b).

in prosecuting

Accordingly,

the

action will be dismissed without prejudice.
The

Clerk is

directed to

send a

copy of

this

Memorandum

Opinion to Mitchell.

/s/

Ii

Date: ~J~
Ui>(J?
Richmond, Virginia

Robert E. Payne
Senior United States District Judge