Johnson v. Fleeman et al, No. 7:2023cv00105 - Document 25 (W.D. Va. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 9/25/2023. (Opinion mailed to Pro Se Party via US Mail)(aab)
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Johnson v. Fleeman et al Case 7:23-cv-00105-TTC-JCH Document 25 Filed 09/25/23 Page 1 of 2 Pageid#: 84 Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION PERCY M. JOHNSON, SR., Plaintiff, v. MAJOR FLEEMAN, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 7:23cv00105 MEMORANDUM OPINION By: Hon. Thomas T. Cullen United States District Judge Plaintiff Percy M. Johnson, Sr., who is proceeding pro se, filed this civil action under 42 U.S.C. § 1983. By conditional filing orders entered February 16 and March 6, 2023, the court advised Johnson 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 Johnson that failure to provide an updated address would result in dismissal of this action. (Id.) On September 20, 2023, notices mailed to Johnson were returned to the court as undeliverable, indicating that Johnson is no longer incarcerated at the New River Valley Regional Jail, and with no forwarding address. (See ECF No. 24.) To date, Johnson has not provided the court with an updated address. Accordingly, the court will dismiss this action without prejudice for failure to comply with the court’s order. The court notes that this dismissal is without prejudice to Johnson’s opportunity to refile his claims in a separate civil action, subject to the applicable statute of limitations. Dockets.Justia.com Case 7:23-cv-00105-TTC-JCH Document 25 Filed 09/25/23 Page 2 of 2 Pageid#: 85 The Clerk shall send a copy of this Memorandum Opinion and the accompanying Order to counsel for the defendants and to Johnson at his last known address. ENTERED this 25th day of September, 2023. /s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE -2-
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