Allen v. Cochran et al

Filing 7

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Calvin Maurice Allen. This action is dismissed with prejudice as frivolous, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).. Signed by Judge Kristi K. DuBose on 6/3/2014. (adk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CALVIN MAURICE ALLEN,
Plaintiff,

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)
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v.
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SAM COCHRAN and TREY OLIVER, )
III,
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Defendants.
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CIVIL ACTION NO. 13-00417-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to
the issue raised, and there having been no objections filed, the Report and
Recommendation (Doc. 4) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)
and dated May 8, 2014, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that this action is DISMISSED with prejudice as
frivolous, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).1
Final judgment in accordance with this Order and Federal Rule of Civil Procedure
58 shall issue by separate document.
DONE and ORDERED this the 3rd day of June 2014.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

1

Dismissal is also warranted pursuant to Federal Rule of Civil Procedure 41(b) due to Plaintiff’s
failure to comply with the Court’s Order dated September 17, 2013 (Doc. 3), which states, in
relevant part: “Plaintiff must advise the Court immediately of a change in address, e.g., when
Plaintiff is transferred, released, etc. Failure to do so will result in the dismissal of this action for
failure to prosecute and to obey the Court’s order.” Plaintiff has failed to notify the Court that he
is no longer at Mobile County Metro Jail. (See Doc. 6 [Returned Mail]).