Williams v. Ferrell

Filing 88

ORDER ADOPTING 86 REPORT AND RECOMMENDATIONS re 74 Amended Complaint, filed by Billy Williams. This action is dismissed with prejudice based on plaintiff's failure to prosecute this action and comply with the Court's April 4, 2012 order as set out. Signed by Judge Kristi K. DuBose on 6/4/2012. (copy mailed to last known address) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BILLY WILLIAMS,
Plaintiff,

:
:

vs.

:

GRANTT CULLIVER,

:

Defendant.

Civil Action No. 09-0578-KD-C

:
ORDER

After due and proper consideration of all portions of this file deemed relevant to
the issues raised, and there having been no objections filed, the recommendation of the
Magistrate Judge made under 28 U.S.C. ' 636(b)(l)(B) and dated May 9, 2012 is
ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that plaintiff’s
claims against the defendants are dismissed with prejudice.
It is further ORDERED that plaintiff’s claims are dismissed because he did not
comply with this Court’s orders. Specifically, plaintiff was ordered to advise this Court
immediately of a change in address and warned that dismissal of his action may result
from failure to follow this Court’s orders (doc. 5, 18, 32, 84). Williams provided the
Court with a change of address from Bullock Correctional Facility to an apartment in
Birmingham, Alabama (doc. 82). The report and recommendation was mailed to the
address in Birmingham as provided by plaintiff and was returned marked: “Return to

Sender” “Not Deliverable as Addressed” and “Unable to Forward”. Therefore, it
appears that plaintiff has failed to obey this Court’s order to immediately provide a
change in address.
DONE this 4th day of June, 2012.

s/Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE