Gragg v. Keller et al

Filing 18

MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 6/5/2024. (Opinion mailed to Pro Se Party/Parties via US Mail)(tvt)

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June 05, 2024

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
HUNTER TRACEY GRAGG,
Plaintiff,
v.
MAJOR KELLER, et al.,
Defendants.

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Civil Action No. 7:24cv00098
MEMORANDUM OPINION
By:

Hon. Thomas T. Cullen
United States District Judge

Plaintiff Hunter Tracey Gragg, proceeding pro se, filed this civil action under 42 U.S.C.
§ 1983. By conditional filing orders entered on February 7 and 20, 2024, the court advised
Gragg that he must notify the court in writing immediately upon his transfer or release and
must provide the court with his new address. (See ECF Nos. 2 & 4.) The court further advised
Gragg that failure to provide an updated address would result in dismissal of this action. (Id.)
On June 4, 2024, a notice sent to Gragg was returned to the court as undeliverable. (See
ECF No. 17.) The envelope of the returned mail indicates that Gragg is no longer incarcerated
at the Western Virginia Regional Jail and that he was released from their custody on April 23,
2024. (Id.) The returned mail does not contain a forwarding address. (Id.) To date, Gragg has
not provided the court with an updated address as required by the court’s conditional filing
orders. Accordingly, the court will dismiss this action without prejudice for failure to comply
with the court’s orders. The court notes that this dismissal is without prejudice to Gragg’s
opportunity to refile his claims in a separate civil action, subject to the applicable statute of
limitations.

The Clerk shall send a copy of this Memorandum Opinion and the accompanying
Order to Gragg at his last known address and to counsel of record for the defendants.
ENTERED this 5th day of June, 2024.
/s/ Thomas T. Cullen________________
HON. THOMAS T. CULLEN
UNITED STATES DISTRICT JUDGE

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