Linares v. Department of Homeland Security et al

Filing 34

ORDER OF DISMISSAL The magistrate judge's report and recommendation is well taken, because the plaintiff, a seasoned pro se litigant, failed to notify the clerk of his most recent change of address, the court ORDERS that this action is DISMISSED WITHOUT PREJUDICE for the plaintiff's failure to prosecute. Signed by Chief Judge Karon O Bowdre on 6/25/15. (SAC )**Order placed in first class mail to pro se Plaintiff.

FILED
2015 Jun-25 PM 04:03
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
RAFAEL ALBERTO LLOVERA LINARES,
)
)
Plaintiff,
)
)
v.
) Case No: 4:14-cv-00728-KOB-SGC
)
DEPARTMENT OF HOMELAND
)
SECURITY, et al.,
)
)
Defendants.
)
ORDER OF DISMISSAL
The magistrate judge entered a report on May 28, 2015, recommending the claims
the plaintiff purported to bring on behalf of Jewish detainees held in the custody of U.S.
Immigration and Customs Enforcement (“ICE”) at Etowah County Jail, presently or in
the future, be dismissed for failure to state a claim on which relief may be granted
pursuant to 28 U.S.C. § 1915A(b).

(Doc. 32).

The

magistrate judge further

recommended the plaintiff’s request for injunctive relief be dismissed as moot. (Id.).
Finally, the magistrate judge recommended the plaintiff’s claims that the defendants
violated his First Amendment right to the free exercise of religion be referred to her for
further proceedings. (Id.). The copy of the report and recommendation served on the
plaintiff at the address provided by him has been returned by the U.S. Postal Service with

1

the notation “Return to Sender - Refused - Unable to Forward.” (Doc. 33).
A review of the court record establishes that at the commencement of this lawsuit
on April 21, 2014, the plaintiff was a civil detainee in ICE custody. (Doc. 1). He
remained in ICE custody through at least January 29, 2015, when he notified the court
he had been transferred to Krome Detention Center in Miami, Florida. (Doc. 31).
Thereafter, the plaintiff did not file any notice of a change of address in this case or the
other three cases he simultaneously pursued in this court. See Linares v. Dept of
Homeland Security, No. 14-678 (N.D. Ala. filed April 11, 2014); Linares v. Etowah
County Jail, No. 14-1364 (N.D. Ala. filed July 16, 2014); Linares v. Etowah County Jail,
No. 14-2120 (N.D. Ala. filed October 31, 2014). In the last-filed case, the magistrate
judge entered an order on May 28, 2015, directing the plaintiff to provide a current
address and notifying him his case would be dismissed for lack of prosecution if he failed
to comply. Linares v. Etowah County Jail, No. 14-2120 at Doc. 7. That order was
returned to the court as undeliverable on June 15, 2015. Id. at Doc. 8.
Finally, the detainee locator available on ICE's website states that a detainee
bearing the plaintiff’s ICE number and country of origin cannot be found.

See

https://locator.ice.gov/odls/searchByAlienNumber.do. Therefore, while the magistrate
judge’s report and recommendation is well taken, because the plaintiff, a seasoned pro
se litigant, failed to notify the clerk of his most recent change of address, the court
2

ORDERS that this action is DISMISSED WITHOUT PREJUDICE for the plaintiff's
failure to prosecute. See Fed. R. Civ. P. 41(b).
For information regarding the cost of appeal, see the attached notice.
DONE this 25th day of June, 2015.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

3

United States Court of Appeals
Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
John Ley
Clerk

In Replying Give Number
Of Case and Names of Parties

NOTICE TO PRISONERS CONCERNING CIVIL APPEALS

The Prison Litigation Reform Act of 1995 (effective April 26, 1996) now
REQUIRES that all prisoners pay the Court’s $500 docket fee plus $5 filing fee (for a total
of $505) when appealing any civil judgment.
If you wish to appeal in a civil case that Act now requires that upon filing a notice of
appeal you either:
(1)

Pay the total $505 fee to the clerk of the district court from which this case
arose; or

(2)

arrange to have a prison official certify to the district court from which the
appeal arose the average monthly deposits and balances in your prison account
for each of the six months preceding the filing of a notice of appeal.

If you proceed with option (2) above, the Act requires that the district court order you
to pay an initial partial fee of at least 20% of the greater of either the average monthly
deposits or of the average monthly balances shown in your prison account. The remainder of
the total $505 fee will thereafter be deducted from your prison account each month that your
account balance exceeds $10. Each such monthly deduction shall equal 20% of all deposits
to your prison account during the previous month, until the total $505 fee is paid. (If your
prison account statement shows that you cannot pay even the required initial partial fee, your
appeal may nevertheless proceed, BUT THE TOTAL $505 FEE WILL BE ASSESSED
AGAINST AND WILL BE DEDUCTED FROM FUTURE DEPOSITS TO YOUR PRISON
ACCOUNT.)
Fees are not refundable, regardless of outcome, and deductions from your prison
account will continue until the total $505 fee is collected, even if an appeal is unsuccessful.

John Ley
Clerk
PLRA Notice