Abdullah v. Scott et al

Filing 42

MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 11/17/2021. (Opinion mailed to Pro Se Party via US Mail)(slt)

Case 7:20-cv-00677-TTC-RSB Document 42 Filed 11/17/21 Page 1 of 2 Pageid#: 156

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
ANGEL ABDULSAMI ABDULLAH, )
)
Plaintiff,
)
)
v.
)
)
D. SCOTT, e t al. ,
)
)
Defendants.
)

Civil Action No. 7:20cv00677
MEMORANDUM OPINION
By:

Hon. Thomas T. Cullen
United States District Judge

Plaintiff Angel Abdulsami Abdullah, a former inmate proceeding pro se, filed this civil
rights action under 42 U.S.C. § 1983. After filing this action, Abdullah advised the court that
he had been released from incarceration. (See ECF No. 24.) By order entered March 5, 2021,
the court advised Abdullah that, because he was no longer an inmate, he would not be allowed
to pay the filing fee in installments under the Prison Litigation Reform Act. (See ECF No. 27.)
The court ordered Abdullah to pay the balance of the filing fee or otherwise respond to the
order within 10 days. (Id.) The court warned Abdullah that failure to pay the filing fee or
otherwise respond to the order would result in the immediate dismissal of this action without
prejudice. (Id.) Abdullah did not respond to the court’s order and, on March 22, 2021, the
court dismissed this action without prejudice for failure to comply. (See ECF No. 30 and 31.)
Subsequently, Abdullah filed two motions to reopen his case. (See ECF Nos. 61 and
65.) On October 21, 2021, the court granted Abdullah’s requests. (See ECF No. 40.) On
November 3, 2021, the court’s order came back as undeliverable and with no forwarding
address. (See ECF No. 41.) Abdullah was previously advised multiple times that it was his
responsibility to immediately notify the court—in writing—of his release or change of address.

Case 7:20-cv-00677-TTC-RSB Document 42 Filed 11/17/21 Page 2 of 2 Pageid#: 157

(See ECF Nos. 3 and 9.) He was also advised that failure to maintain a current address with
the court would result in dismissal of his case. (Id.) Because Abdullah has not provided the
court with an updated address, the court will dismiss this action without prejudice for failure
to comply with the court’s order. The court notes that this dismissal is without prejudice to
Abdullah’s opportunity to refile his claims in a separate civil action, subject to the applicable
statute of limitations.
The clerk is directed to forward a copy of this Memorandum Opinion and the
accompanying Order to Abdullah at his last known address and to all other counsel of record.
ENTERED this 17th day of November, 2021.
/s/ Thomas T. Cullen________________
HON. THOMAS T. CULLEN
UNITED STATES DISTRICT JUDGE