Bonham v. Russell et al

Filing 16

OPINION. Signed by Judge James P. Jones on 09/24/2014. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DAVID JOEL BONHAM,
Plaintiff,

Civil Action No. 7:14-cv-00460

v.

MEMORANDUM OPINION

MR. BOBBY RUSSELL, ET AL.,
Defendants.

By:

James P. Jones
United States District Judge

David Joel Bonham, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C.
§ 1983, while incarcerated. By its Order entered August 28, 2014, the court advised plaintiff that a
failure to update a mailing address after a transfer or release from incarceration will result in dismissal
of this action.
The court’s mail to plaintiff has been returned as undeliverable, and plaintiff has not contacted
the court since September 9, 2014.

Plaintiff failed to comply with the court’s Order requiring plaintiff

to maintain an accurate mailing address. Therefore, the court finds that plaintiff failed to prosecute this
action, pursuant to Federal Rule of Civil Procedure 41(b), by not complying with the court’s September
28, 2014, Order. Accordingly, I dismiss the action without prejudice and deny all pending motions as
moot. See Ballard v. Carlson, 882 F.2d 93, 96 (4th Cir. 1989) (stating pro se litigants are subject to time
requirements and respect for court orders and dismissal is an appropriate sanction for non-compliance);
Donnelly v. Johns-Manville Sales Corp., 677 F.2d 339, 340-41 (3d Cir. 1982) (recognizing a district
court may sua sponte dismiss an action pursuant to Fed. R. Civ. P. 41(b)).
The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order
to the parties.
ENTER: September 24, 2014
/s/ James P. Jones
United States District Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DAVID JOEL BONHAM,
Plaintiff,

Civil Action No. 7:14-cv-00460

v.

ORDER

MR. BOBBY RUSSELL, ET AL.,
Defendants.

By:

James P. Jones
United States District Judge

In accordance with the written Memorandum Opinion entered this day, it is hereby
ORDERED
that this action is DISMISSED without prejudice, pursuant to Fed. R. Civ. P. 41(b); all pending
motions are DENIED as moot; and the action is STRICKEN from the active docket of the court.
The Clerk is directed to send copies of this Order and the accompanying Memorandum Opinion
to the parties.
ENTER: September 24, 2014
/s/ James P. Jones
United States District Judge