Rogers v. Cynthia Stewart et al

Filing 15

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS and 13 Order re 9 Petition for Writ of Habeas Corpus filed by Christopher Charles Rogers that this action be dismissed without prejudice for failure to prosecute and obey the Court's order. Signed by Chief Judge Kristi K. DuBose on 12/28/17. (copy to petitioner) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHRISTOPHER CHARLES ROGERS, :
Petitioner,
:
vs.

:

CYNTHIA STEWART, et al.,
Respondents.

Civil Action 17-0288-KD-MU

:
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 September 5, 2017, is
ADOPTED as the opinion of this Court, with modification as follows: Dismissal without
prejudice.
On November 21, 2017, the Court entered an order whereby the action would not
be dismissed unless Rogers failed to remit to the Clerk of the Court a money order for
$5.00 on or before November 21, 2017 (doc. 13). The order was mailed to Rogers. On
November 21, 2017, the order was returned with the envelope marked “moved” (doc.
14). To date, Rogers has failed to notify the Court of a change in address. Rogers was
previously warned that failure to notify the Court of a change in address would result in
the dismissal of this action without prejudice for failure to prosecute and to follow the
Court’s order (doc. 3).
DONE this 28th day of December 2017.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE