Summers v. Clarke et al, No. 3:2017cv00500 - Document 5 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Henry E. Hudson on 08/15/2017. Copy mailed to Plaintiff as directed.(ccol, )
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Summers v. Clarke et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JAMES C. SUMMERS, Plaintiff, v. HAROLD W. CLARKE, et al., Defendants. ) ) ) ) ) ) ) ) CLERK, U.S. DiSTtl1CT COURT RICHMOND, VA Civil Action No. 3: l 7CV500-HEH MEMORANDUM OPINION (Dismissing Action Without Prejudice) On July 12, 2017, Plaintiff filed an ambiguous civil action. By Memorandum Order entered on August 2, 2017, the Court directed Plaintiff to complete and return either the form for filing a civil rights action challenging his conditions of confinement under 42 U.S.C. § 1983 or a petition for writ of habeas corpus under 28 U.S.C. § 2254 within fifteen (15) days of the date of entry thereof. On August 14, 2017, United States Postal Service returned the August 2, 2017 Memorandum Order to the Court marked, "RETURN TO SENDER," and "NO LONGER AT THIS INSTITUTION." 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. 41(b). Accordingly, the action will be dismissed without prejudice. 1 The mail is also marked "Fairfax" with another indistinguishable word or abbreviation beginning and ending with the letter "P." This marking is not sufficient to identify a new address for Plaintiff. Dockets.Justia.com An appropriate Order shall accompany this Memorandum Opinion. 4j.JI. Isl HENRY E. HUDSON UNITED STATES DISTRICT JUDGE Au-51.r, Richmond, Virgm1a 2
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