Kennard v. Geneva County Jail et al (INMATE 2)
RECOMMENDATION OF THE MAGISTRATE JUDGE that this case be DISMISSED without prejudice for Plf's failures to prosecute this action properly and to comply with the orders of this court; Objections to R&R due by 1/21/2014. Signed by Honorable Judge Wallace Capel, Jr on 1/6/2014. (wcl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CARSON LEE KENNARD, II,
) CIVIL ACTION NO. 1:13-CV-818-WHA
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff filed this pro se 42 U.S.C. § 1983 action on November 6, 2013. At the time
he filed this complaint, Plaintiff was incarcerated at the Geneva County Jail located in
Geneva, Alabama, which is the last address the court has on file for Plaintiff. All parties
have an affirmative duty to inform the court of any change of address during the pendency
of their actions.
On November 25, 2013, Plaintiff’s copies of orders and a Recommendation filed
November 7, 2013, were returned to the court marked as undeliverable. Consequently, the
court entered an order on December 12, 2013, directing Plaintiff to provide the court with
his present address on or before December 23, 2013. Doc. No. 8. Plaintiff was cautioned
that his failure to comply with the court’s December 12 order would result in a
recommendation that this case be dismissed. Id. Plaintiff’s copy of the court’s December
12 order was returned to the court on December 23, 2013, marked as undeliverable.
As it appears clear that Plaintiff is no longer residing at the most recent address he
provided to the court and that he has not provided this court with a new address for service,
the undersigned concludes that dismissal of the complaint is appropriate.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case
be DISMISSED without prejudice for Plaintiff’s failures to prosecute this action properly and
to comply with the orders of this court.
It is further
ORDERED that the parties are DIRECTED to file any objections to the said
Recommendation on or before January 21, 2014. 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 recommendations in the
Magistrate Judge’s report shall bar the party from a de novo determination by the District
Court of issues covered in the report and shall bar the party from attacking on appeal factual
findings in the report accepted or adopted by the District Court except upon grounds of plain
error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982); see Stein v.
Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard,
661 F.2d 1206 (11th Cir. 1981) (en banc), adopting as binding precedent all of the decisions
of the former Fifth Circuit handed down prior to the close of business on September 30,
Done this 6th day of January, 2014.
/s/ Wallace Capel, Jr.
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE
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