Langley v. Richerson et al

Filing 6

OPINION. Signed by Judge James P. Jones on 2/23/2018. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

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LONNELLE ANTWON LANGLEY,
Plaintiff,
v.
RICKY RICHERSON, ET AL.,
Defendants.

Case No. 7:18CV00063
OPINION
By: James P. Jones
United States District Judge

Lonnelle Antwon Langley, proceeding pro se, filed this civil rights complain
under 42 U.S.C. § 1983 in the United States District Court for the Eastern District
of Virginia. Because the prison where the claims arose is located within the
Western District, however, the case was transferred to this court. By Order entered
February 12, 2018, the court directed Langley to submit to the court within 21 days
from the date of the Order a statement of assets, an inmate account form, and a
certified copy of plaintiff’s trust fund account statement for the six-month period
immediately preceding the filing of the complaint, obtained from the appropriate
prison official. See 28 U.S.C. § 1915(b). Langley was advised that a failure to
comply would result in dismissal of this action without prejudice.
The copy of the February 12 Order that was mailed to Langley at the prison
address he provided has been returned to the court as undeliverable, with a notation

indicating that the inmate refused to accept the mailing. Based on this event, I
conclude that Langley has failed to prosecute this action, pursuant to Federal Rule
of Civil Procedure 41(b). Accordingly, I will dismiss the action without prejudice.
See Ballard v. Carlson, 882 F.2d 93, 96 (4th Cir. 1989) (stating pro se litigants are
subject to respect for court orders, and dismissal is an appropriate sanction for noncompliance); 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 Langley.
ENTER: February 23, 2018
/s/ James P. Jones
United States District Judge

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