Barnett v. Riley et al (INMATE 2)

Filing 10

REPORT AND RECOMMENDATIONS of the Magistrate Judge that this case be DISMISSED without prejudice for Plaintiff's failures to prosecute this action and comply with orders of this court. Objections to R&R due by 8/10/2009. Signed by Honorable Susan Russ Walker on 7/27/2009. (cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _____________________________ JOHN THOMAS BARNETT, #163 296 * Plaintiff, v. BOB RILEY, et al., Defendants. _____________________________ * * * * 2:09-CV-327-TMH (WO)

RECOMMENDATION OF THE MAGISTRATE JUDGE On June 19, 2009 the court entered an order granting Plaintiff seventeen days to file an amendment to his complaint. (See Doc. No. 8.) Plaintiff was cautioned that his failure to comply with the June 19 order would result in a Recommendation that his complaint be dismissed. (Id.) The requisite time has passed and Plaintiff has not complied with the order of the court. Consequently, the court concludes that dismissal of this case is appropriate for Plaintiff's failure to prosecute this action and comply with the orders of the court. Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be DISMISSED without prejudice for Plaintiff's failures to prosecute this action and 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 August 10, 2009. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects.

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, 1981. Done, this 27th day of July, 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE

2