Brevard v. Nurse Desouza, No. 3:2019cv00026 - Document 35 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 02/10/2020. Copy mailed to plaintiff and defendant Desouza. (tjoh, )

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Brevard v. Nurse Desouza Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division TEVIN J. BREVARD, TRRCT COURT mm Plaintiff, Civil Action No. 3:19CV26 V. NURSE DESOUZA, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia prisoner proceeding pro se, brings this 42 U.S.C. ยง 1983 action. By Memorandum Order entered on October 9, 2019, the Court directed service on Defendant. The summons was returned executed on November 13, 2019, and on November 21, 2019, Defendant Desouza also proceeding pro se, filed an answer. Plaintiff indicated that he was released from incarceration and provided a new address on October 11,2019. Since that time,the Court has not received any correspondence from Plaintiff. Accordingly, by Memorandum Order entered on January 13, 2020, the Court ordered that, within fourteen (14) days of the date of entry thereof. Plaintiff was directed to notify the Court of his continued interest in litigating this action. The Court warned that ifPlaintifffailed to respond within that time,the Court would dismiss the action without prejudice. See Fed. R. Civ. P. 41(b). More than fourteen days have elapsed since the entry ofthe January 13,2020 Memorandum Order and Plaintiff has not contacted the Court to express his continued interest in litigating this action. Plaintiffs disregard of the Court's directives warrants dismissal of the action. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order shall issue. John A.Gibney, Jr. United States District Judge Richmond, Virginia ^ Dockets.Justia.com

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