Henderson v. Bowen et al

Filing 10

ORDER ADOPTING Report and Recommendation re: 8 District Transfer/Complaint. This this action is dismissed without prejudice for failure to prosecute as set out.. Signed by Judge Kristi K. DuBose on 8/19/2015. (no copy mailed to last address as plaintiff is not there) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SOLOMON L. HENDERSON,
Plaintiff,

:
:

vs.

:

BILLY BOWEN, et al,

:

Defendants.

CIVIL ACTION 15-00280-KD-N

:
ORDER

After due and proper consideration of all portions of this file deemed relevant to the issue
raised, and no objections having been filed, the Report and Recommendation of the Magistrate
Judge (doc. 8) made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this court. It
is ORDERED that this action is DISMISSED without prejudice for failure to prosecute.
It is further ORDERED that plaintiff’s claims are dismissed because he failed to comply
with this Court’s orders. Specifically, plaintiff was ordered to complete and file this Court’s form
for a complaint under 42 U.S.C. § 1983 and pay the filing fee, or in lieu thereof, to file this
Court’s motion to proceed without prepayment of fees. (Doc. 6) In that order, plaintiff was
cautioned that failure to comply within the prescribed time frame or to advise the Court of a
change in address would result in a recommendation that this action be dismissed without
prejudice for failure to prosecute and to obey the Court's Order. (Id.)
Plaintiff failed to act as ordered and the Magistrate Judge filed a report with a
recommendation that this action be dismissed without prejudice for failure to prosecute and to
obey the Court’s Order. The report and recommendation was mailed to the address plaintiff
provided: Easterling Correctional Facility, 200 Wallace Drive, Clio, Alabama 36017.

The mail was returned and marked “Return to Sender, Not Here” (Doc. 7) which
indicates that he has been released or transferred. However, according to the Alabama
Department of Corrections Inmate Locator, he is not an inmate with the Department. Therefore,
plaintiff has failed to obey this Court’s order to immediately provide his change in address if he
is transferred or released.
DONE this 19th day of August 2015.

_s/ Kristi K. DuBose
UNITED STATES DISTRICT JUDGE

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