Baber v. Shifflet, No. 7:2021cv00101 - Document 33 (W.D. Va. 2022)

Court Description: MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 2/24/2022. (Opinion mailed to Pro Se Party via US Mail)(aab)

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Baber v. Shifflet Case 7:21-cv-00101-TTC-RSB Document 33 Filed 02/24/22 Page 1 of 1 Pageid#: 202 Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION RICHARD L. BABER, JR., Plaintiff, v. SGT. BURT SHIFFLET, Defendant. ) ) ) ) ) ) ) Civil Action No. 7:21cv00101 MEMORANDUM OPINION By: Hon. Thomas T. Cullen United States District Judge Plaintiff Richard L. Baber, Jr., proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983. By memorandum opinion and order entered February 4, 2022, the court granted a motion for summary judgment filed by all defendants except Investigator Sgt. Shifflet. (See ECF Nos. 31 & 32.) The court noted in the opinion that the United States Marshals Service had unsuccessfully attempted to locate defendant Shifflet (see ECF No. 16) and, therefore, service has not been accomplished on him (see ECF No. 31, n.1). The court also gave Baber the opportunity to provide a valid address for Shifflet within 14 days and warned him that failure to provide a valid address would result in dismissal of the complaint, without prejudice, against Shifflet. (See ECF No. 32.) More than 14 days have passed, and Baber has filed no response to the court’s order. Accordingly, the court will dismiss Baber’s complaint against Shifflet without prejudice. The clerk is directed to forward a copy of this Order to the parties. ENTERED this 24th day of February, 2022. /s/ Thomas T. Cullen_________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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