Weems v. SWVRJA-Duffield Jail

Filing 9

OPINION and ORDER DISMISSING CASE WITHOUT Prejudice. 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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BURL LYNN WEEMS,
Plaintiff,

Civil Action No. 7:24 -cv-00090

v.

OPINION and ORDER

SWVRJA-DUFFIELD JAIL,
Defendant.

By:

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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 February 5, 2024, and February 20, 2024, the court advised plaintiff
that a failure to update his 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 February 29, 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 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 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)). Accordingly, this action is
DISMISSED without prejudice and this matter is STRICKEN from the active docket of this court.
The Clerk is directed to send copies of this Order to the plaintiff.
Enter: October 22, 2024

/s/ Robert S. Ballou
Robert S. Ballou
United States District Judge