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)

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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

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