U.S. Court of Appeals for the Fourth Circuit, 2008

Hurndon v. Kolongo

Hurndon v. Kolongo
U.S. Court of Appeals for the Fourth Circuit · Decided August 12, 2008 · Niemeyer, Motz, Hamilton
288 F. App'x 76

Hurndon v. Kolongo

Opinion

PER CURIAM:

In January of 2007, Raymond Q. Hurn-don filed a 42 U.S.C. § 1983 (2000) action in the Eastern District of Virginia alleging that he had received inadequate medical care while imprisoned in Virginia. On October 15, 2007, Hurndon filed a motion which clearly informed the district court that he had been transferred to the Alvin S. Glenn Detention Center located in Columbia, South Carolina. On that same date, the magistrate judge filed a memorandum order notifying Hurndon of various matters, including the fact that he had 120 days to serve the defendants, that he must serve a copy of any pleading on all parties, and that he must inform the court of any change in address. This order was sent to Hurndon’s prior address. Thereafter, by order filed on April 9, 2008, the court dismissed without prejudice Hurn-don’s action under Fed.R.Civ.P. 41(b) on the grounds that its October 15, 2007 memorandum order was “returned to the Court by the United States postal service marked, ‘NO LONGER AT THIS ADDRESS RETURN TO SENDER.’” (R. 15).

Because it appears that Hurndon did provide notice of his address change, we vacate and remand the court’s order dismissing Hurndon’s action for failure to do so. Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978) (stating review standard for Rule 41(b) dismissal). We dispense with oral ai’gument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED.

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