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Smith v. Welch, 3:19-CV-95-WHA. (2019)

Court: District Court, M.D. Alabama Number: infdco20190909477 Visitors: 16
Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY , Magistrate Judge . Plaintiff filed this pro se 42 U.S.C. 1983 action on February 1, 2019. The court recently entered orders, copies of which were mailed to Plaintiff. The postal service returned these documents because Plaintiff is no longer housed at the Lee Count Detention Center—the last address he provided for service. The court entered an order on July 31, 2019—modified by order entered August 5, 2019— requiring that by Au
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RECOMMENDATION OF THE MAGISTRATE JUDGE

Plaintiff filed this pro se 42 U.S.C. § 1983 action on February 1, 2019. The court recently entered orders, copies of which were mailed to Plaintiff. The postal service returned these documents because Plaintiff is no longer housed at the Lee Count Detention Center—the last address he provided for service.

The court entered an order on July 31, 2019—modified by order entered August 5, 2019— requiring that by August 12, 2019, Plaintiff file with the court a current address or show cause why this case should not be dismissed for his failure to adequately prosecute this action. Docs. 23, 24. The July 31 order specifically advised Plaintiff this case could not proceed if his whereabouts remained unknown and cautioned him his failure to comply with its directives would result in the dismissal of this case. Doc. 23. Plaintiff's copy of the July 31, 2019, order was returned to the court on August 12, 2019, marked as undeliverable.

The foregoing makes clear Plaintiff has failed to comply with the directives of the orders entered by this court and reflects a lack of interest in the continued prosecution of this case. This action cannot proceed properly in Plaintiff's absence. The court, therefore, concludes this case is due to be dismissed. See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (As a general rule, where a litigant has been forewarned, dismissal for failure to obey a court order is not an abuse of discretion.).

Accordingly, it is the RECOMMENDATION of the Magistrate Judge this case be DISMISSED without prejudice for Plaintiff's failure to comply with the orders of this court and to prosecute this action.

It is further

ORDERED that on or before August 28, 2019, Plaintiff may file an objection to the Recommendation. Any objections filed must specifically identify the factual findings and legal conclusions in the Magistrate Judge's Recommendation to which Plaintiff object. Frivolous, conclusive or general objections will not be considered by the District Court. This Recommendation is not a final order and, therefore, it is not appealable.

Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar a party from a de novo determination by the District Court of factual findings and legal issues covered in the report and shall "waive the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions" except upon grounds of plain error if necessary in the interests of justice. 11th Cir. R. 3-1; see Resolution Trust Co. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989).

Source:  Leagle

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