Filed: Nov. 16, 2015
Latest Update: Nov. 16, 2015
Summary: REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE MARK E. FORD , Magistrate Judge . This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. 1983. Plaintiff proceeds pro se and in forma pauperis (IFP). When Plaintiff filed this case he was advised of his obligation to keep the Court informed of his current address at all times. When Plaintiff filed this case on August 3, 2015, Plaintiff was incarcerated in the Boone County Detention Center. On October 8, 2015, Plai
Summary: REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE MARK E. FORD , Magistrate Judge . This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. 1983. Plaintiff proceeds pro se and in forma pauperis (IFP). When Plaintiff filed this case he was advised of his obligation to keep the Court informed of his current address at all times. When Plaintiff filed this case on August 3, 2015, Plaintiff was incarcerated in the Boone County Detention Center. On October 8, 2015, Plain..
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
MARK E. FORD, Magistrate Judge.
This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis (IFP). When Plaintiff filed this case he was advised of his obligation to keep the Court informed of his current address at all times.
When Plaintiff filed this case on August 3, 2015, Plaintiff was incarcerated in the Boone County Detention Center. On October 8, 2015, Plaintiff's address was changed (Doc. 22) to a private address in Illinois and the Plaintiff was reminded of his obligation to keep the Court informed of his current address.
On October 19, 2015, mail was returned from the Illinois address with a notation that the Plaintiff had moved and left no forwarding address. The Court obtained the Plaintiff's current address at the Hancock County Public Safety Complex in Bay St. Louis, MS 39520 and a change of address was entered (Doc. 23) on the Plaintiff's behalf. On November 2, 2015, mail was returned as undeliverable with the notation that Plaintiff was no longer at the facility.
Plaintiff has not communicated with the Court since he filed his objections (Doc. 14) to the first report and recommendation on September 4, 2015. Plaintiff has not kept the Court informed of his current address. The changes of addresses that were made were based on research conducted by Court staff. All mail sent to the Plaintiff since October 8, 2015, has been returned as undeliverable.
I therefore recommend that this case be dismissed based on Plaintiff's failure to obey an Order of the Court and his failure to prosecute this action. Fed. R. Civ. P. 41(b).
The Plaintiff has fourteen (14) days from receipt of the report and recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The Plaintiff is reminded that objections must be both timely and specific to trigger de novo review by the district court.
