Gibson v. Mental Health Doctor et al, No. 7:2019cv00579 - Document 10 (W.D. Va. 2019)
Court Description: OPINION. Signed by Judge James P. Jones on 11/12/2019. (tvt)
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Gibson v. Mental Health Doctor et al Doc. 10 “IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION CASEY WAYNE GIBSON, ) ) Plaintiff, ) ) v. ) ) MENTAL HEALTH DOCTOR, ET AL., ) ) Defendants. ) Case No. 7:19CV00579 OPINION By: James P. Jones United States District Judge Casey Wayne Gibson, Pro Se Plaintiff. The plaintiff, Casey Wayne Gibson, a Virginia jail inmate proceeding pro se, has filed this civil rights action under 42 U.S.C. § 1983, alleging that the defendants violated his constitutional rights in various respects. Gibson has not provided the court with his current address, however. By its Order entered September 6, 2019, the court advised Gibson that a failure to update his mailing address promptly would result in dismissal of this action. The court’s Order that was entered and mailed to Gibson on October 16, 2019, using the address he provided with his complaint, has been returned as undeliverable, with no forwarding address given. Accordingly, I find that, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, Gibson has failed to prosecute this action. See Ballard v. Carlson, 882 F.2d 93, 96 (4th Cir. 1989) (stating pro se litigants are subject to time requirements and respect for court orders and dismissal Dockets.Justia.com without prejudice is an appropriate sanction for non-compliance); Donnelly v. JohnsManville Sales Corp., 677 F.2d 339, 340-41 (3d Cir. 1982) (recognizing a district court may sua sponte dismiss an action pursuant to Fed. R. Civ. P. 41(b)). An appropriate order will enter this day. Gibson is advised that if he intends to proceed with this action, he must petition the court within 30 of the entry of this order for a reinstatement of this action. Any motion for reinstatement should provide specific explanation for his failure to provide the court with an updated address. A separate final order will be entered herewith. DATED: November 12, 2019 /s/ James P. Jones United States District Judge -2-
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