Myers v. U.S. Marshal Service et al

Filing 48

ORDER ADOPTING 46 REPORT AND RECOMMENDATIONS. It is hereby ORDERED that this action is DISMISSED without prejudice. Signed by Chief Judge Kristi K. DuBose on 09/25/2018. (Copy mailed to Plaintiff) (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SCOTT MYERS, 12244-030,
Plaintiff,
v.
U.S. MARSHAL SERVICE, et al,,
Defendants.

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CIVIL ACTION 1:17-00499-KD-B

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 Report and Recommendation of the Magistrate
Judge dated August 29, 2018 is ADOPTED as the opinion of this Court. It is hereby ORDERED
that this action is DISMISSED without prejudice.1
DONE and ORDERED this the 25th day of September 2018.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE

The Report and Recommendation was returned to the Court as undeliverable to Myer's
address of record. The Court's review of the inmate tracking database indicates that Myers was
released on July 6, 2018. Since his release, Myers failed to update the Court with his current address
as he is required to do. The Court is thus unable to locate Myers at present. According to S.D.ALA.
General L.R. 83.5: "[A]ny person proceeding pro se must, at all times….keep the Clerk informed of
his…current address…A pro se party must promptly notify the Clerk of any change of
address…Failure to comply…may result in sanction, including dismissal of a pro se plaintiff's action
or entry of judgment against a pro se defendant."
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