Holden v. Alford et al, No. 1:2009cv00119 - Document 12 (E.D. Tex. 2010)

Court Description: MEMORANDUM AND OPINION that the case will be dismissed for want of prosecution. A final judgment shall be entered. If pla notifies the court of his new address within 30 days of the date set forth below, the court will vacate the judgement and reinstate this case on the courts active docket. Signed by Judge Thad Heartfield on 2/9/10. (pkb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION SCOTTY R. HOLDEN § VS. § WARDEN ALFORD § CIVIL ACTION NO. 1:09cv119 MEMORANDUM OPINION Plaintiff Scotty R. Holden, formerly an inmate confined at the LeBlanc Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled civil rights lawsuit pursuant to 42 U.S.C. § 1983. Discussion The court previously entered an judgment which was previously entered. order vacating a final A copy of the order was mailed to plaintiff at the LeBlanc Unit, the address provided to the court by plaintiff. The copy of the form sent to plaintiff was returned to the court with a notation indicating plaintiff has been released from confinement. Plaintiff has not provided the court with a new address. Federal Rule of Civil Procedure 41(b) authorizes the district court to dismiss an action for want of prosecution sua sponte whenever necessary to disposition of cases. achieve the orderly 835 F.2d expeditious Anthony v. Marion County General Hospital, 617 F.2d 1164, 1167 (5th Cir. 1980). Lynaugh, and 1126 (5th Cir. See also McCullough v. 1988). The orderly and expeditious disposition of cases requires that if a litigant's address changes, he has a duty to inform the court of the change. The United States Court of Appeals for the Fifth Circuit has said It is neither feasible nor legally required that the clerks of the district courts undertake independently to maintain current addresses on all parties to pending actions. It is incumbent upon litigants to inform the court of address changes, for it is manifest that communications between the clerk and the parties or their counsel will be conducted principally by mail. In addition to keeping the clerk informed of any change of address, parties are obliged to make timely status inquiries. Address changes normally would be reflected by those inquiries if made in writing. Shannon v. State of Louisiana, 1988 WL 54768, No. 87-3951 (E.D. La. May 23, 1988) (quoting Perkins v. King, No. 84-3310 (5th Cir. May 19, 1985)); see also Carey v. King, 856 F.2d 1439, 1441 (9th Cir. 1988) (per curiam) (pro se plaintiff's case dismissed for failure to prosecute when he failed to keep the court apprised of his current address). The exercise of the power to dismiss for failure to prosecute is committed to the sound discretion of the court and appellate review is discretion was abused. confined solely in whether the court's Green v. Forney Engineering Co., 589 F.2d 243, 244 (5th Cir. 1979); Lopez v. Aransas County Independent School District, 570 F.2d 541, 544 (5th Cir. 1978). By not providing the court with his correct address, plaintiff has prevented the court from communicating with him and moving this case towards resolution. He has therefore failed to diligently prosecute this case. Conclusion For the reasons set forth above, this case will be dismissed without prejudice for want of prosecution. judgment shall be entered. An appropriate final If plaintiff notifies the court of his 2 new address within 30 days of the date set forth below, the court will vacate the judgement and reinstate this case on the court s active docket. SIGNED this the 9 day of February, 2010. ____________________________ Thad Heartfield United States District Judge 3

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