Sluss v. Southwest VA Regional Jail-Haysi, No. 7:2019cv00390 - Document 10 (W.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by Judge Elizabeth K. Dillon on 8/13/2019. (slt)

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Sluss v. Southwest VA Regional Jail-Haysi Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY CLYDE SLUSS, Plaintiff, v. SOUTHWEST VIRGINIA REGIONAL JAIL-HAYSI, Defendant. ) ) ) ) ) ) ) ) Civil Action No. 7:19-cv-00390 By: Elizabeth K. Dillon United States District Judge MEMORANDUM OPINION Plaintiff Gary Clyde Sluss, a Virginia inmate proceeding pro se, filed a civil complaint pursuant to 42 U.S.C. § 1983, naming the Southwest Virginia Regional Jail-Haysi (the Jail) as the sole defendant. The court conditionally filed the complaint. By order entered June 21, 2019, the court advised Sluss that the Jail was not a proper defendant under § 1983 and gave him the opportunity to file an amended complaint within fourteen days. (Dkt. No. 6.) That order warned him that his complaint would be dismissed if he failed to file an amended complaint within fourteen days from the date of the order. (Id.) The order was sent both to his address at the Jail and to the address where he had previously advised he would be living once released from the Jail. (Id.) The copy sent to him at the Jail was returned as undeliverable. (Dkt. No. 7.) Sluss filed nothing in response to that order. On July 23, 2019, the court again directed that the earlier order be sent to Sluss at the address noted in his complaint as his address upon his release. (Dkt. No. 8.) It gave him fourteen days from the entry of the second order to comply. (Id.) That fourteen-day period has expired, and Sluss has not filed an amended complaint nor has he sent any other documents to the Clerk. Dockets.Justia.com Because Sluss has failed to comply with the court’s order within the time allotted, the court will dismiss his complaint without prejudice. An appropriate order will be entered. Entered: August 13, 2019. /s/ Elizabeth K. Dillon Elizabeth K. Dillon United States District Judge 2

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