Damiena Trumel Heard v. Jordan McCormick, et al.

Summary

A magistrate judge issues a Report and Recommendation in a pro se civil rights action brought under 42 U.S.C. § 1983. The recommendation proposes dismissal without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute because mail sent to the plaintiff was returned as undeliverable after his release and he failed to provide a new address.

Holdings

1. The magistrate judge recommended that the complaint be dismissed without prejudice, sua sponte, for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court's inherent power to control its docket after the plaintiff failed to provide an updated address.

Questions Presented

1. Whether the complaint should be dismissed without prejudice for failure to prosecute when the plaintiff failed to update his address after mail was returned following his release from incarceration.

Disposition

other