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Williams v. Ransom

March 30, 2007

DARRELL C. WILLIAMS, PLAINTIFF,
v.
TYRONE RANSOM DEFENDANT.



The opinion of the court was delivered by: Chief Judge Curtis L. Collier

MEMORANDUM

The court is in receipt of a pro se civil rights complaint filed by Darrell C. Williams ("Williams") pursuant to 42 U.S.C. § 1983. On March 14, 2007, the Court entered a Memorandum and Order consolidating Williams' two cases, Civil Action No. 1:07-cv-18 and Civil Action No. 1:07-cv-45, and directing Williams to sign his complaint and return the signature page for filing (Court File No. 6 & 7).*fn1 A copy of the Order was mailed to Williams at his address of record, the Hamilton County Jail, on March 14, 2007. The document was returned to the District Court Clerk as undeliverable on March 26, 2007.

Consequently, Williams' mail was returned and he has not notified the Court of a current address; thus, he will be unable to timely respond to the Court's Order. Federal Rule of Civil Procedure 41(b) permits the involuntary dismissal of a suit when a plaintiff fails to prosecute his case. The Court's inability to communicate with plaintiff and the Court's interest in managing the docket weigh in favor of dismissal, as the Court cannot hold this case in abeyance indefinitely based on Williams's failure to notify the Court of his current address.

Petitioner has given no indication that he intends to proceed with this action. Rule 41(b) of the Federal Rules of Civil Procedure allows a court to dismiss an action sua sponte for failure to prosecute or for failure to comply with the federal rules or any court order. This authority is based on the Court's inherent authority to control its docket and prevent undue delays in the disposition of pending cases. Given the Court's inability to communicate with Williams due to his failure to keep the Court apprised of his current address, no lesser sanction than dismissal is feasible.*fn2

Therefore, this action will be DISMISSED for Williams's failure to prosecute and to comply with the orders of this Court. Fed. R. Civ. P. 41(b); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991).

A judgment will enter.

CURTIS L. COLLIER CHIEF UNITED STATES ...


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