Blount v. Dunn et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS the Magistrate Judge's Report and ACCEPTS the Recommendation an this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute; costs are taxed to plaintiff. Signed by Judge Liles C Burke on 8/1/2022. (AHI)

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FILED 2022 Aug-01 AM 09:07 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION MARQUIS KEONTA BLOUNT, Plaintiff, v. JEFFERSON DUNN, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 5:22-cv-00039-LCB-HNJ ORDER OF DISMISSAL The Magistrate Judge entered a report on June 28, 2022, recommending the dismissal of this action without prejudice for lack of prosecution. (Doc. 9). Although the Magistrate Judge advised Mr. Blount of his right to file specific written objections within 14 days, the court has not received any objections. After careful consideration of the record in this case and the Magistrate Judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation, the court ORDERS this action be DISMISSED WITHOUT PREJUDICE for failure to prosecute. Costs are taxed to the plaintiff. For information on the cost of appeal, see the attached notice. DONE and ORDERED this August 1, 2022. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2 United States Court of Appeals Eleventh Circuit 56 Forsyth Street, N.W. Atlanta, Georgia 30303 David J. Smith Clerk of Court 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. David J. Smith Clerk of Court PLRA Notice 3

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