Sutton v. U.S.P. Lee Medical Staff et al, No. 7:2019cv00256 - Document 7 (W.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 5/24/2019. (tvt)

Download PDF
CLERK' S OFFICE U.S.DISX COURT AT ROANOKE,VA FILED IN THE UNITED STATESDISTRICT COURT FO R TIIE W ESTER N DISTRICT O F VIRG IN IA RO A NO K E D IW SIO N M ICHAEL JAM AI,SUTTON MAt 2i 2219 JULI A c, BK D Rjç CivilA ction No.7:19CV 00256 Plaintiff, M EM O R AN DU M OPINIO N V. U.S.P.LEE M EDICAL STAFF,c M z., By: H on.G len E Conrad SeniorU nited StatesD istrictJudge D efendants. Plaintiff,proceeding pro se. filed a civil rights com plaint, pursuant to Bivens v. Six UnknownNamedAzentsofFed.Bureau ofNarcotics,403 U.S.388 (1971). By orderentered M arch 25, 2019,the courtdirected plaintiff to return to the court w ithin 20 days an inm ate accountform and a certifed copy ofplaintiff's trustfund account statem ent for the six-m onth period im m ediately preceding the tiling ofthe complaint,obtained from the appropriate prison officialof each prison atwhich plaintiff is orw as confined during that six-m onth period. The court's orderalso directed plaintiffto notify the courtin w riting çsim m ediately upon plaintiffs transfer or release''ofhis new address. Order 3,ECF N o.3. By letterdated A pril2,2019,the courtexpressly inform ed plaintiff thatim m ediately after he w as released,he should advise the . ' courtofhis currentaddress. The court'sM arch 25 orderw arned plaintiffthata failure to comply withtheseconditionswouldresultindismissalofthisactionwithoutprejudice. M ore than the 20 dayshave elapsed,and plaintiffhas failed to provide allofthe required tinancialrecords. A lthough he previously advised the courtofhis expected release on A pril3, Sutton v. U.S.P. Lee Medical Staff et al 2019, since that date, he has not provided the court w ith his current m ailing address. Doc. 7 Accordingly,thecourtdismissestheactionwithoutprejudiceandstrikesthecasefrom theactive docketofthe court. lf the plaintiff w ishes to proceed with this action,he m ustfile a motion w ithin 30 days f' rom its dism issal,asking the courtforreinstatementofthe case and explaining w hy he failed to Dockets.Justia.com comply w1t11lecoM 'scondiions. Ifheisno longerin prisow he willalso haveto prepaythe fullflling co* of$400 orftle anew applicafon to proceedï formapaupeds.including his cuaentGnanclalinfo= atlon. 4 The Clerk isdirected to send a copy oftlzls M emo= dum Oplnlon and accompr ying Ordertoplnlnflm Ex'rER:TMs @++ dayofMay,2019. SenlorUnited StatesDisklctJudge

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.