Battle v. Ledford et al

Filing 52

MEMORANDUM OPINION. Signed by Judge Elizabeth K. Dillon on 3/8/2019. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
WILLIAM D. BATTLE, III,
Plaintiff,

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v.
J. LEDFORD, et al.,
Defendants.

Civil Action No. 7:16-cv-00020
By: Elizabeth K. Dillon
United States District Judge

MEMORANDUM OPINION
Plaintiff William D. Battle, III, proceeding pro se, filed a complaint pursuant to 42
U.S.C. § 1983. By order entered January 21, 2016, the court conditionally filed this action and,
inter alia, advised Battle that he must notify the court in writing immediately upon his transfer or
release, and provide the court with a new address. See Dkt. No. 5. The court warned Battle that
failure to notify the court of a change of address would result in dismissal of the case. Id. On
February 26, 2019, and March 7, 2019, two court orders and two notices of hearings were
returned to the court as undeliverable and with no forwarding address. See Dkt. Nos. 50 and 51.
One of the returned orders indicates that Battle has been released from incarceration. See Dkt.
No. 50. Battle has not provided the court with an updated address; therefore, the court has no
means of contacting him. Accordingly, the court will dismiss Battle’s complaint without
prejudice. Battle is advised that he may refile his claims in a separate action.
An appropriate order will be entered.
Entered: March 8, 2019.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge