Bennett v. Scott et al, No. 7:2019cv00476 - Document 7 (W.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 10/17/2019. (slt)

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CLERK'S OFFICE U.S.OISX COURAT ROANOI V ,VA FILED IN THE UNITED STATES DISTRICT COURT FOR TH E W ESTERN DISTRICT OF VIRGINIA ROANOKE DIW SION LARRY LEW BENNETT, 0:T 17 2219 IA DUDI î, ERK :YJUL : ' ' 7*h/ ' uhl CASE NO.7:19CV00476 Plaintiff, V. M EM ORANDUM OPINION DAN SCOTT,C AL , By:GlenE.Conrad Senior U nited StatesD istrictJudge D efendants. PlaintiffLarry LeviBennett proceeding pro K ,fled acivilrightscom plaint,pursuantto 42 U.S.C.j 1983,alleging thathe had been refused areligiousdietatthe SouthwestVirginia RegionalJail,where he wasthen confined. Bermetthasnotprovided the courtwith his current address,however. By itsOrderentered July 2,2019,the courtadvised Bennettthata failure to updatehismailing addressprom ptly would resultin dismissalofthisaction. The court'sorder, entered October7,2019,and m ailed to Bermetton thatdate atthe addressheprovided with his complaint,has been retum ed as undeliverable. Accordingly,the courtfinds that,pttrsuantto Rule41(b)oftheFederalRulesofCivilProcedure,Bennetthasfailedto prosecutethisaction. SeeBallard v.Carlson,882 F.2d 93,96 (4th Cir.1989)(stating nro . K litigantsare subjectto timerequirementsandrespectforcourtordersanddismissalwithoutprejudiceisan appropriate sanction fornon-compliance);Donnelly v.Jolms-Manville Sales Com .,677 F.2d 339,340-41 (3dCir.1982)(recognizingadistrictcourtmaysuaspontedismissanaction ptlrsuanttoFed.R. Bennett v. Scott et al Doc. 7 Civ.P.41(b)).A. nappropriateorderwillenterthisday. Bermettisadvisedthatifhe intendstoproceed with thisaction,hemustpetition thecourt within 30 of the entry of this order for a reinstatement of this action. Any motion for Dockets.Justia.com reinstatem ent must provide speciGc explanation for his failure to provide the courtwith an updated address. TheClerk isdirected to senda copy ofthisordertotheplaintiff. ENTER: Tllis J7 % day ofOctober, 2019. SeniorUrlited StatesDistrictJudge 2

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