Vesley v. Gentry et al, No. 3:2009cv00827 - Document 34 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 6/14/12. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DANIEL L.VESLEY, Plaintiff, Civil Action No. 3:09CV827-HEH v. E.S. GENTRY, etal9 Defendants. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on January 21, 2010, the Court conditionally docketed Plaintiffs action. The January 21,2010 Memorandum Order informed Plaintiff that he must immediately advise the Court in the event he is transferred, released, or otherwise relocated while the action is pending. By Memorandum Order entered on May 7, 2012 the Court noted that Plaintiff had not contacted the Court since September 6, 2011. Accordingly, the May 7,2012 Memorandum Order informed Plaintiff that he must contact the Court within eleven (11) days of the date of entry thereof if he wished to continue to prosecute the action. The Court warned Plaintiff that if he failed to respond to that Memorandum Order the action would be dismissed. On May 14, 2012, the United States Postal Service returned the May 7, 2012 Memorandum Order to the Court marked, "RETURNED TO SENDER FORWARDING TIME EXPIRED." Plaintiffs failure to contact the Court and provide a current address indicates his lack of interest in prosecuting this action. See Fed. R. Civ. P. 41(b). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall accompany this Memorandum Opinion. ^ /s/ HENRY E.HUDSON Date: IKmw/^ao/LRichmond, Virginia UNITED STATES DISTRICT JUDGE
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