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)

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,

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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.

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LILES C. BURKE
UNITED STATES DISTRICT JUDGE

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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

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