Price v. Director - Texas Department of Criminal Justice, Correctional Institutions Division et al, No. 1:2013cv00159 - Document 84 (E.D. Tex. 2019)

Court Description: MEMORANDUM OPINION. By failing to provide the court with a correct address, plaintiff has prevented the court from communicating with him and moving this case towards resolution. He has failed to diligently prosecute this case and this matter should be dismissed. Signed by District Judge Thad Heartfield on 2/6/19. (mrp, )

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Price v. Director - Texas Department of Criminal Justice, Correctional Institutions Division et al Doc. 84 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CHAVEZ D. PRICE § VS. § BRAD LIVINGSTON § CIVIL ACTION NO. 1:13cv159 MEMORANDUM OPINION Plaintiff Chavez D. Price, formerly an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled civil rights lawsuit. Discussion A member of the court’s staff has determined that plaintiff has been released from prison. Plaintiff has not provided the court with a new address since his release. 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 Dockets.Justia.com 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 (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 (5th Cir. 1979); Lopez v. Aransas County Independent School District, 570 F.2d 541 (5th Cir. 1978). By failing to provide the court with a correct address, plaintiff has prevented the court from communicating with him and moving this case towards resolution. diligently prosecute this case. He has therefore failed to This matter should therefore be dismissed. Conclusion For the reasons set forth above, this matter will be dismissed without prejudice for want of prosecution. be entered in accordance with this A final judgment shall memorandum opinion. If plaintiff wishes to have this case reinstated on the court’s active docket, he may do so by providing a current address within 60 days of the date set forth below. SIGNED this the 6 day of February, 2019. ____________________________ Thad Heartfield United States District Judge 3

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