Yanez v. Johnson et al, No. 3:2010cv00400 - Document 37 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/17/11. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOSE RIOS YANEZ, Plaintiff, v. Civil Action No. GENE M. JOHNSON, 3:10CV400 et al., Defendants. MEMORANDUM OPINION By Memorandum Order entered on July 23, 2010, the Court conditionally docketed the action filed by Jose Rios Yanez. The Memorandum Order directed Yanez promptly to advise the Court of his new address in the event that he was transferred or relocated. On July 25, 2011, the Court received notice that Yanez was no longer incarcerated. 2011, the Accordingly, Court, directed financial affidavit. by Memorandum Order Yanez to complete On November 1, 2011, on and October return 25, a the October 25, new 2011 Memorandum Order was returned to the Court by the United States Postal Service marked, "RETURN ADDRESSED - UNABLE TO FORWARD." TO SENDER - NOT DELIVERABLE AS Yanez's failure to keep the Court apprised of his current address indicates his lack of interest in prosecuting the present action. See Fed. R. Civ. P. 41(b). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to send a copy of the Memorandum Opinion to Plaintiff and counsel It is for Defendants. so ORDERED. ML Date: A W .(1 ^Ol) Richmond, Virginia IsL Robert E. Payne Senior United States District Judge
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