TERRY F. MOORER, Magistrate Judge.
This 42 U.S.C. § 1983 action is pending before the court on a complaint filed by Rodney Alverson ("Alverson"), an indigent state inmate. In the complaint, Alverson challenges the constitutionality of medical treatment provided to him for scabies and ear problems, various conditions of confinement at Draper Correctional Facility, alleged acts of retaliation and purported acts of discrimination.
Pursuant to the orders of this court, the defendants filed written reports supported by relevant evidentiary materials in which they address the claims for relief presented by Alverson. The reports and evidentiary materials refute the self-serving, conclusory allegations presented by Alverson in the complaint. Specifically, these documents appear to demonstrate that no violation of Alverson's constitutional rights occurred.
In light of the foregoing, the court issued an order directing Alverson to file a response to the defendants' written reports. Order of August 13, 2014 — Doc. No. 45. The order advised Alverson that his failure to respond to the reports would be treated by the court "
The court has reviewed the file to determine whether a less drastic measure than dismissal is appropriate. After such review, it is clear that dismissal of this case is the proper course of action at this time. Alverson is an indigent individual. Thus, the imposition of monetary or other punitive sanctions against him would be ineffectual. Additionally, Alverson's inaction in the face of the defendants' reports and the overwhelming evidence refuting the claims raised herein suggests he does not seek to proceed with this case. Consequently, it appears that any additional effort by this court to secure his compliance would be unavailing. Finally, the undisputed evidentiary materials submitted by the defendants indicate that no violation of Alverson's constitutional rights occurred. In light of the foregoing, the court concludes that Alverson's abandonment of his claims and his failure to comply with an order of this court warrant dismissal. Moon v. Newsome, 863 F.2d 835, 837 (11
For the above stated reasons, it is the RECOMMENDATION of the Magistrate Judge that this case be dismissed without prejudice. It is further
ORDERED that on or before January 5, 2015 the parties may file objections to the Recommendation. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.
Failure to file written objections to the proposed findings and advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings in the Recommendation accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5