Sprouse v. Grim

District Court, W.D. Virginia

Sprouse v. Grim

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

GARY MICHAEL SPROUSE, ) Plaintiff, ) Case No. 7:22-cv-00140 ) v. ) ) By: Michael F. Urbanski CORPORAL DOUGLAS W. GRIM, ) Chief United States District Judge et al., ) Defendants. )

MEMORANDUM OPINION

Plaintiff Gary Michael Sprouse, a Virginia inmate proceeding pro se, filed this civil action under

42 U.S.C. § 1983

. By order entered May 13, 2022, the court directed Sprouse to file an amended complaint within twenty-one days. See ECF No. 5. The court expressly warned Sprouse that failure to file an amended complaint would result in the dismissal of this action without prejudice. As of this date, Sprouse has not filed an amended complaint or had any further communication with the court. He has not complied with the court’s order, and the time for doing so has expired. Accordingly, the court will dismiss the action without prejudice. See Ballard v. Carlson,

882 F.2d 93

, 95–96 (4th Cir. 1989) (recognizing that courts have the authority to order dismissal of an action for failure to comply with court orders). Sprouse may file a new complaint in a separate action once he is prepared to comply with the conditions noted in the previous order. An appropriate order will be entered. Entered: June 21, 2022 Digitally signed by Michael F. Urbanski Chief U.S. Dig District Judge Date: 2022.06.21 16:17:27 -04'00° Michael F. Urbanski Chief United States District Judge

Reference

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