Brown v. Department of Corrections et al

Filing 11

ORDER DISMISSING CASE WITHOUT PREJUDICE for failure to prosecute signed by Judge Lynn Adelman on 10/2/13. (cc: all counsel, via USPS to plaintiff, Warden-OCI)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MICHAEL BROWN,
Plaintiff,
v.

Case No. 13-cv-0944

DEPARTMENT OF CORRECTIONS,
KESHA PACKER, and
BEVERLY DILLON,
Defendants,

ORDER
Plaintiff, Michael K. Brown, who is proceeding pro se, filed a civil rights complaint
pursuant to 42 U.S.C. § 1983, along with a motion for leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915 and a motion to appoint counsel. By order dated August 29,
2013, plaintiff was ordered to forward to the Clerk of Court within 21 days the sum of $6.79
as an initial partial filing fee in this action. Plaintiff was advised that, upon payment of this
fee, the court would determine whether the action can proceed in forma pauperis. The
order was returned to the court as undeliverable. The court has reason to believe that
plaintiff has been released, but he has not provided the court with his new address. From
his failure to provide the court with his new address, the court infers that plaintiff no longer
wants to prosecute this action. However, the court will not assess the $350.00 filing fee
for this action because the case is being dismissed at such an early stage. Therefore,
IT IS ORDERED that this action be and hereby is DISMISSED WITHOUT
PREJUDICE for failure to prosecute.

IT IS ALSO ORDERED that a copy of this order be sent to the warden of the
institution where the inmate is confined.
Dated at Milwaukee, Wisconsin, this 2nd day of October, 2013.
s/ Lynn Adelman
LYNN ADELMAN
District Judge

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