Allen v. Moody et al

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS re 1 Complaint filed by D'Mario Allen. The Plaintiff's case is dismissed without prejudice for failure to pay the partial filing fee. Signed by Chief Judge Kristi K. DuBose on 04/16/2018. (Copy mailed to Plaintiff) (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
D'MARIO ALLEN, #0718005,
Plaintiff,

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v.

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M. MOODY, et al.,
Defendants.

CIVIL ACTION 1:17-00565-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 Report and Recommendation of the Magistrate
Judge made under 28 U.S.C. § 636(b)(1)(B) and dated January 4, 2018 is ADOPTED as the opinion
of this Court. Accordingly, it is ORDERED that Plaintiff's case is DISMISSED without prejudice
due to his failure to pay the partial filing fee.1
DONE and ORDERED this the 16th day of April 2018.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE

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1
The Report and Recommendation was sent to Plaintiff at his address of record (Mobile County Metro
Jail, P.O. Box 104, Mobile, AL, 36601) via regular mail, but on March 28, 2018, was returned as
undeliverable: "return to sender no longer here." (Doc. 5). The Court reviewed the ADOC Inmate Locator
website and is unable to locate Plaintiff. Per the Court’s prior order (Doc. 3 at 2 at ¶6) Plaintiff was ordered
to: "advise the Court immediately of a change in address, e.g., when Plaintiff is transferred, released, etc., or
suffer the dismissal of this action for failure to prosecute and to obey the Court’s order." Plaintiff's failure to
do so is deemed a failure to prosecute and failure to obey the Court's order.