McCracken v. Carter et al
Filing
54
OPINION and ORDER DISMISSING CASE WITHOUT Prejudice, all pending motions are DENIED as moot, and this matter is STRICKEN from the active docket of the court. Signed by District Judge Robert S. Ballou on 10/22/2024. (Opinion and Order mailed to Pro Se Party/Parties via US Mail)(tvt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
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BRADLEY EUGENE MCCRACKEN,
Plaintiff,
Civil Action No. 7:23 -cv-00752
v.
OPINION and ORDER
SGT. CARTER, et al.,
Defendant(s).
By: Robert S. Ballou
United States District Judge
Plaintiff, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, while
incarcerated. By its Orders entered November 17, 2023, and November 20, 2023, 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 January 4, 2024. Plaintiff failed to comply with the court’s Orders 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 prior
Orders. 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 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)). Accordingly, this
action is DISMISSED without prejudice, all pending motions are DENIED as moot, and this matter is
STRICKEN from the docket of this court.
The Clerk is directed to send copies of this Order to the parties.
Enter: October 22, 2024
/s/ Robert S. Ballou
Robert S. Ballou
United States District Judge
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