Grant v. Hardy et al (INMATE 1)

Filing 9

REPORT AND RECOMMENDATION of the Magistrate Judge that this case be dismissed without prejudice for failure of the plf to properly prosecute this cause of action; Objections to R&R due by 1/4/2010. Signed by Honorable Terry F. Moorer on 12/16/2009. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION W IL L IE GRANT, Plaintiff, v. A . J. HARDY, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 2:09-CV-1064-TMH [WO] R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE W illie Grant ["Grant"], an indigent inmate, initiated this 42 U.S.C. 1983 complaint c h a lle n g in g actions taken against him at the Montgomery City Jail. On November 30, 2009, th is court entered a notice, a copy of which the Clerk mailed to Grant. The postal service re tu rn e d this document because Grant no longer resided at the address he had provided to the co u rt. In light of the foregoing, the court entered an order requiring that on or before D e c e m b e r 15, 2009 Grant inform the court of his present address. Order of December 8, 2 0 0 9 - Court Doc. No. 8. This order specifically cautioned Grant that his failure to comply w ith its directives would result in a recommendation that this case be dismissed. Id. Grant h a s filed nothing in response to the December 8, 2009 order. The court therefore concludes th a t this case is due to be dismissed. C O N C L U SIO N A c c o r d in g ly, it is the RECOMMENDATION of the Magistrate Judge that this case b e dismissed without prejudice for failure of the plaintiff to properly prosecute this cause of ac tio n . It is further ORDERED that on or before January 4, 2010 the parties may file objections to the R e c o m m e n d a tio n . Any objections filed must specifically identify the findings in the M a g is tra te Judge's Recommendation to which the party is objecting. Frivolous, conclusive o r general objections will not be considered by the District Court. The parties are advised th a t this Recommendation is not a final order of the court and, therefore, it is not appealable. F a ilu re to file written objections to the proposed findings and advisements in the M a g is tra te Judge's Recommendation shall bar the party from a de novo determination by the D is tric t Court of issues covered in the Recommendation and shall bar the party from a tta c k in g on appeal factual findings in the Recommendation accepted or adopted by the D i s t r i c t Court except upon grounds of plain error or manifest injustice. Nettles v. W a in w r ig h t, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 3 3 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en b a n c ), adopting as binding precedent all of the decisions of the former Fifth Circuit handed d o w n prior to the close of business on September 30, 1981. D o n e this 16 th day of December, 2009. /s /T e r r y F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE 2

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