Richardson v. Stanford et al

Filing 37

MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 7/12/2017. (bw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BERNARD RAY RICHARDSON
,
Plaintiff,

Civil Action No. 7:16-cv-00329

v.

MEMORANDUM OPINION

NURSE N. STANFORD, et al,

By:

Elizabeth K. Dillon
United States District Judge

Defendants.
Bernard R. Richardson, proceeding pro se, filed a civil rights complaint, pursuant to 42
U.S.C. § 1983, while incarcerated. Richardson was released and twice notified the court of his
address following release. (Dkt. Nos. 12, 16.) By its order entered November 10, 2016, the
court advised plaintiff that a failure to maintain an address of record “shall result in the
immediate dismissal of this action without prejudice.” The court’s mail to plaintiff has been
returned as undeliverable as of April 17, 2017, and plaintiff has not contacted the court since
March 8, 2017.
Plaintiff has failed to comply with the court’s order requiring plaintiff to maintain an
address of record. 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 order.
Accordingly, this action is DISMISSED without prejudice and all pending motions are DENIED
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.
Entered: July 12, 2017.

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