Summary
This is a district court order dismissing a pro se civil rights complaint filed under 42 U.S.C. § 1983 without prejudice. The court found that the plaintiff failed to comply with a prior order to provide a current mailing address, resulting in undeliverable mail and non-response to court directives. Consequently, the action was dismissed for failure to prosecute and comply with local rules.
Topics
Practice areas
Questions Presented
- Whether the district court may dismiss a pro se civil rights action sua sponte for failure to comply with Local Rule 5.5(c)(2) and to respond to court orders.
Holdings
- The court may dismiss the action without prejudice for failure to comply with Local Rule 5.5(c)(2) and failure to respond to the court’s orders.
Key quotations
“Accordingly, the Court finds that this action should be dismissed without prejudice for failure to comply with Local Rule 5.5(c)(2) and failure to respond to the Court’s orders.”
Factual background
Grimes filed a civil rights complaint pro se and was ordered to update his mailing address. The court sent a text order and a printed notice, which was returned as undeliverable. Grimes did not respond to the order.
Procedural history
Plaintiff John Grimes, Sr. filed a pro se 42 U.S.C. §1983 complaint on November 21, 2023. The court ordered him to provide a current mailing address by December 5, 2024. Grimes failed to comply, and the court dismissed the action without prejudice on January 27, 2025.