Summers v. Clarke et al

Filing 5

MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Henry E. Hudson on 08/15/2017. Copy mailed to Plaintiff as directed.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
JAMES C. SUMMERS,
Plaintiff,

v.
HAROLD W. CLARKE, et al.,
Defendants.

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CLERK, U.S. DiSTtl1CT COURT
RICHMOND, VA

Civil Action No. 3: l 7CV500-HEH

MEMORANDUM OPINION
(Dismissing Action Without Prejudice)
On July 12, 2017, Plaintiff filed an ambiguous civil action. By Memorandum
Order entered on August 2, 2017, the Court directed Plaintiff to complete and return
either the form for filing a civil rights action challenging his conditions of confinement
under 42 U.S.C. § 1983 or a petition for writ of habeas corpus under 28 U.S.C. § 2254
within fifteen (15) days of the date of entry thereof. On August 14, 2017, United States
Postal Service returned the August 2, 2017 Memorandum Order to the Court marked,
"RETURN TO SENDER," and "NO LONGER AT THIS INSTITUTION." 1 Since that
date, Plaintiff has not contacted the Court to provide a current address. 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.

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The mail is also marked "Fairfax" with another indistinguishable word or abbreviation
beginning and ending with the letter "P." This marking is not sufficient to identify a new address
for Plaintiff.

An appropriate Order shall accompany this Memorandum Opinion.

4j.JI.

Isl
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE

D~te: Au-51.r, 2~1_1

Richmond, Virgm1a

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