Bonner v. Brown et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court ADOPTS the Magistrate Judge's report and ACCEPTS the recommendation and this action is DISMISSED WITHOUT PREJUDICE due to the plaintiff failure to prosecute. Signed by Judge Liles C Burke on 11/18/2021. (AHI)

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FILED 2021 Nov-18 PM 03:09 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION ERIC HUGH BONNER, ) ) ) ) ) ) ) ) ) Plaintiff, v. JASON BROWN, et al., Defendants. Case No. 7:21-cv-01154-LCB-JHE ORDER OF DISMISSAL Because court orders mailed to the plaintiff were returned to the court marked “Return to Sender” and “No Longer at this Address,” the magistrate judge ordered the plaintiff to update his address of record and to notify the court as to whether he wished to continue prosecuting this action. (Doc. 10). When that order also was returned to the court marked “Return to Sender” and “No Longer at this Address,” the magistrate judge entered a report and recommendation on October 27, 2021, recommending that this action be dismissed based upon the plaintiff’s failure to prosecute. (Doc. 13). The magistrate judge advised the plaintiff of his right to file objections within 14 days. (Doc. 13). The report and recommendation has been returned to the court by the United States Postal Service as undeliverable (Doc. 14) and the time limitation for filing objections has expired. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS the recommendation. Accordingly, the court ORDERS that this action is DISMISSED WITHOUT PREJUDICE due to the plaintiff’s failure to prosecute. For information regarding the cost of appeal, see the attached notice. DONE and ORDERED November 18, 2021. _________________________________ 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) REQUIRES that all prisoners pay the Court’s $500.00 docket fee plus $5.00 filing fee (for a total of $505.00) when appealing any civil judgment. If you wish to appeal in a civil case that Act requires that upon filing a notice of appeal you either: (1) Pay the total $505.00 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 $505.00 fee will thereafter be deducted from your prison account each month that your account balance exceeds $10.00. Each such monthly deduction shall equal 20% of all deposits to your prison account during the previous month, until the total $505.00 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 $505.00 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 $505.00 fee is collected, even if an appeal is unsuccessful. David J. Smith Clerk of Court PLRA Notice 3

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