Hoosier v. Gore

United States District Court, Oklahoma Eastern

Hoosier v. Gore

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

JOHN HOOSIER,

Plaintiff,

v. No. 22-CV-052-JFH-JAR

MATTHEW GORE, et al.,

Defendants.

OPINION AND ORDER On February 14, 2022, Petitioner, a pro se prisoner incarcerated in the Marshall County Jail in Madill, Oklahoma, filed this civil rights complaint pursuant to

42 U.S.C. § 1983

[Doc. No. 1] and a motion for leave to proceed in forma pauperis [Doc. No. 2]. Also on February 14, 2022, the Court entered an Order referring the case to a Magistrate Judge pursuant to

28 U.S.C. § 636

[Doc. No. 3], and a second Order concerning referral to the Magistrate Judge was sent on March 22, 2022 [Doc. No. 5]. On March 8, 2022, and April 4, 2022, the mail sent by the Court to Plaintiff at the Marshall County Jail was returned with notations of “Return to Sender, Attempted - Not Known, Unable to Forward” [Doc. No. 4 at 3] and “RTS No longer here” [Doc. No. 6 at 2]. Because Petitioner has failed to advise the Court of his current address, as required by Local Civil Rule 5.6(a), this action is dismissed without prejudice for his failure to prosecute. See United States ex rel. Jimenez v. Health Net, Inc.,

400 F.3d 853, 854-56

(10th Cir. 2005) (dismissing appeal sua sponte for failure to prosecute because appellant disappeared and failed to meet court deadlines). THEREFORE, this action is, in all respects, DISMISSED WITHOUT PREJUDICE for failure to prosecute. IT IS SO ORDERED this 7th day of April 2022.

____________________________________ JOHN F. HEIL, III UNITED STATES DISTRICT JUDGE

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