Hoff v. Clear et al, No. 7:2022cv00347 - Document 42 (W.D. Va. 2024)
Court Description: MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 3/8/2024. (Opinion mailed to Pro Se Party/Parties via US Mail)(aab)
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Hoff v. Clear et al Doc. 42 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION THOMAS DANIEL HOFF, Plaintiff, v. STEPHEN CLEAR, et al., Defendants. ) ) ) ) ) ) ) ) ) $-&3,h4 0''*$& 6 4 %*45 $0635 "5 30"/0,& 7" '*-&% March 08, 2024 -"63" " "645*/ $-&3, #: s/A. Beeson %&165: $-&3, Civil Action No. 7:22cv00347 MEMORANDUM OPINION By: Hon. Thomas T. Cullen United States District Judge Plaintiff Thomas Daniel Hoff, proceeding pro se, filed this civil action under 42 U.S.C. § 1983. By conditional filing orders entered June 28 and July 11, 2022, the court advised Hoff that he must notify the court in writing immediately upon his transfer or release and must provide the court with his new address. (See ECF Nos. 3 & 5.) The court further advised Hoff that failure to provide an updated address would result in dismissal of this action. (Id.) On March 6, 2024, an order sent to Hoff was returned to the court as undeliverable. (See ECF No. 41.) The envelope of the returned mail indicated that Hoff is no longer incarcerated in the Virginia Department of Corrections and did not contain a forwarding address. (Id.) To date, Hoff has not provided the court with an updated address as required by the court’s conditional filing orders. Accordingly, the court will dismiss this action without prejudice for failure to comply with the court’s orders. The court notes that this dismissal is without prejudice to Hoff’s opportunity to refile his claims in a separate civil action, subject to the applicable statute of limitations. Dockets.Justia.com The Clerk shall send a copy of this Memorandum Opinion and the accompanying Order to Hoff at his last known address and to counsel of record for the defendants. ENTERED this 8th day of March, 2024. /s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE 2
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