REPORT AND RECOMMENDATION

DAVID W. CHRISTEL, Magistrate Judge.

The District Court has referred this action, filed pursuant to 42 U.S.C. § 1983, to United States Magistrate Judge David W. Christel. In the Complaint, Plaintiff alleges Defendants violated his Eighth and Fourteenth Amendment rights. Dkt. 6. On March 13, 2019, Defendants filed a Motion to Dismiss. Dkt. 19. Plaintiff filed a Notice of Change of Address on March 20, 2019. Dkt. 23. The Motion to Dismiss was re-served on Plaintiff at his new address and Plaintiff was given an extension of time, until May 28, 2019, to respond to the Motion. Dkt. 25, 27-29. Plaintiff did not file a response to the Motion to Dismiss and had not taken any action in this case since March 20, 2019. As such, on June 27, 2019, the Court directed Plaintiff to: (1) provide a status update informing the Court whether he wishes to proceed with this action and (2) file a response to the Motion to Dismiss. Dkt. 32. The Court warned Plaintiff that if he failed "to respond to th[e] Order on or before July 26, 2019, the Court w[ould] recommend dismissal of this action." Id. at p. 2.

Plaintiff has failed to comply with the Court's June 27, 2019 Order. He has not filed a response to the Order or filed a response to the Motion to Dismiss. Further, Plaintiff has not taken any action in this case since March 20, 2019. Therefore, the Court recommends this case be dismissed without prejudice. The Court also recommends the Motion to Dismiss (Dkt. 19) be denied as moot.

Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on September 6, 2019, as noted in the caption.

ORDER ADOPTING REPORT AND RECOMMENDATION

THIS MATTER is before the Court the Report and Recommendation of Magistrate Judge David W. Christel [Dkt. # 34], Plaintiff Lloyd's Objections [Dkt. # ], and the underlying record.

The Clerk shall send copies of this Order to Lloyd's last known address and to Magistrate Judge Christel.

IT IS SO ORDERED.

JUDGMENT IN A CIVIL CASE

___ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

X Decision by Court. This action came to consideration before the Court. The issues have been considered and a decision has been rendered.

THE COURT HAS ORDERED THAT:

The Report and Recommendation is adopted and approved. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE.