Yanezv.Reno

United States District Court, N.D. Texas, Lubbock DivisionApr 17, 2002
CIVIL ACTION NO. 5:01-CV-038-C (N.D. Tex. Apr. 17, 2002)

CIVIL ACTION NO. 5:01-CV-038-C

April 17, 2002


ORDER


SAM R. CUMMINGS, Judge

On January 25, 2001, Plaintiff Jorge Yanez, along with fifteen other plaintiffs, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. By Order dated January 25, 2001, Plaintiff Yanez's complaint was severed from the other plaintiffs, and he was ordered to file an Amended Complaint. Plaintiff was also advised that he should "promptly notify the Court of any change of address by filing a written notice of change of address with the Clerk," and that a failure to file such notice would result in the dismissal of his complaint.

Plaintiff subsequently filed an Amended Complaint on the § 1983 form approved by the United States District Court for the Northern District of Texas. On page 2 of the form, Plaintiff Yanez was advised that

[i]t is your responsibility to inform the Court of any change of address and its effective date. Such notice should be marked "NOTICE TO THE COURT OF CHANGE OF ADDRESS" and shall not include any motion(s) for any relief, Failure to file a NOTICE TO THE COURT OF CHANGE OF ADDRESS may result in the dismissal of your complaint pursuant to Rule 41(b), Federal Rules of Civil Procedure.

(emphasis in original).

Although Plaintiff's complaint was administratively closed by Order dated March 12, 2001, pending the appeal of the order severing his claims from Civil Action No. 5:01-CV-016-C, the appeal was dismissed and Civil Action No. 5:01-CV-038-C was reopened by Order dated April 9, 2002. Plaintiff was also granted permission to proceed in forma pauperis in that same order.

Plaintiff's copy of the Order dated April 9, 2002, was returned to the Clerk on April 15, 2002, in an envelope marked "Return to Sender. Released 12/11/01."

The Court finds that Plaintiff has failed to provide this Court with his current address and, therefore, his complaint should be dismissed without prejudice for want of prosecution.

SO ORDERED.

All pending motions are hereby denied.