Robinson v. Keller

Filing 7

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 7/3/2017. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JAMES MICHAEL ROBINSON,
Plaintiff,

Civil Action No. 7:17-cv-00259

v.

MEMORANDUM OPINION

KELLER, et al,
Defendant(s).

By:

Norman K. Moon
United States District Judge

James Michael Robinson, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C.
§1983, while incarcerated. By its Order entered June 5, 2017, 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 June 5, 2017.

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 June 5,
2017, 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.
3rd
ENTER: This _____ day

July 2017.