Stiltner v. McCoy et al

Filing 8

OPINION. Signed by Senior Judge James P. Jones on 3/26/2024. (Opinion mailed to Pro Se Party/Parties via US Mail)(tvt)

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

March 26, 2024

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JESSE RYAN STILTNER,

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Plaintiff,
v.
PATRISHA MCCOY, ET AL.,
Defendants.

Case No. 7:24CV00130
OPINION
JUDGE JAMES P. JONES

Jesse Ryan Stiltner, Pro Se Plaintiff.
This plaintiff, Jesse Ryan Stiltner, proceeding pro se, filed this civil rights
action pursuant to 42 U.S.C. § 1983, alleging that local jail officials violated his
right to due process related to a drug test and unjustly confined him in segregated
confinement.

The court entered an Order conditionally filing the case and

directing Stiltner to return certain financial information as required for him to
proceed without prepaying the filing costs. The copy of this Order that the court
mailed to Stiltner at the address he provided was returned to the court as
undeliverable. The returned envelope indicated that authorities were unable to
forward the mailing. It is self-evident that the court must have a viable address by
which to communicate reliably with Stiltner about this case.






Based on Stiltner’s failure to update the court with a current mailing address
that would allow reliable communication about his case, I conclude that he is no
longer interested in pursuing this civil action. Therefore, I will dismiss the action
without prejudice for failure to prosecute. 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)).
An appropriate Order will issue herewith.
DATED: March 26, 2024
/s/ JAMES P. JONES
Senior United States District Judge

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