Rakes v. Goode et al, No. 3:2020cv00581 - Document 41 (E.D. Va. 2022)

Court Description: MEMORANDUM OPINION (Dismissing Remaining Claims and the Action). See Opinion for details. Signed by Senior United States District Judge Henry E. Hudson on 10/6/2022. (sbea)

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Rakes v. Goode et al Doc. 41 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RICKY JOE RAKES, Plaintiff, V. MS. GOODE, et al., Defendants. ) ) ) ) ) ) ) ) Civil Action No. 3:20-cv-581-HEH MEMORANDUM OPINION (Dismissing Remaining Claims and the Action) By Memorandum Order entered on August 25, 2020, the Court conditionally docketed Plaintifrs action. At that time, the Court warned Plaintiff that he must keep the Court informed as to his current address if he was relocated, transferred, or released. By Memorandum Opinion and Order entered on September 12, 2022, the Court granted a Motion for Summary Judgment filed by Nurse Vass. (ECF Nos. 38, 39.) Claims One (a) and (b) were dismissed with prejudice and Nurse Vass was dismissed as a party to this action. (ECF No. 39.) By Memorandum Opinion and Order entered on September 7, 2022, the Court granted in part a Motion to Dismiss filed by Warden Goode, Lt. Gallimore, Lt. Stanley, and Major Hurt. (ECF Nos. 36, 37.) Claims Two (a)-(c), Three (a)-(b), Four (a)-(b), and Five (a) were dismissed with prejudice. (ECF No. 37.) Major Hurt was dismissed as a party to this action. (Id.) Warden Goode, Lt. Gallimore, and Lt. Stanley were ordered to file an Answer to the three remaining claims, Claims Two (d), Four (c), and Five (b), respectively. (Id.) Their time for doing so has not yet expired. Dockets.Justia.com On September 26, 2022, the United States Postal Service returned the September 12, 2022 Memorandum Opinion and Order to the Court marked, "RETURN TO SENDER," "UNABLE TO FORWARD," and "Inmate not in VADOC." (ECF No. 40-1 at 1.) Since that date, Plaintiff has not contacted the Court to provide a current address. 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. 4l(b). Accordingly, the three remaining claims, Claims Two (d), Four (c), and Five (b) will be dismissed without prejudice. Warden Goode, Lt. Gallimore, and Lt. Stanley will be excused from filing an Answer to said claims. The action will be dismissed. An appropriate Order shall accompany this Memorandum Opinion. Isl Date:lJ,:t 2o'2."2Richmond, Virginia Henry E. Hudson Senior United States District Judge 2

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