Surles v. Alabama Department of Corrections et al (INMATE 2)
ORDER (1) ADOPTING 5 REPORT AND RECOMMENDATION of the Magistrate Judge; and (2) this case is DISMISSED without prejudice for plf's failure to prosecute the action properly and comply with the orders of the court. Signed by Chief Judge William Keith Watkins on 2/2/17. (djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CHRISTOPHER SURLES, #299284,
ALABAMA DEPARTMENT OF
CORRECTIONS, et al.,
CASE NO. 2:16-CV-809-WKW
On December 1, 2016, the Magistrate Judge filed a Recommendation that this
case be dismissed without prejudice for Plaintiff’s failure to prosecute the action
properly and comply with the orders of the court. (Doc. # 5.) To that point, the
court’s orders had been mailed to the wrong correctional facility—it turns out
Plaintiff was moved from Easterling to Ventress after he filed suit. Despite having
no obligation to do so, the court, in an effort to ensure Plaintiff was given proper
notice of the threat of dismissal, ordered the clerk to send a copy of all relevant
orders to Plaintiff’s address at Ventress and restarted the objections period. (Doc. #
Since that time, the period has run and no objections have been filed.
Accordingly, it is ORDERED that:
The Magistrate Judge’s Recommendation (Doc. # 5) is ADOPTED; and
This case is DISMISSED without prejudice for Plaintiff’s failure to
prosecute the action properly and comply with the orders of the court.
A final judgment will be entered separately.
DONE this 2nd day of February, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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