Gullett v. Goodman et al

Filing 25

ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS re MOTION for Summary Judgment. It is ORDERED that plaintiff's claims against defendants Warden Roger Goodman, Sergeant David Brown, and Officer Richard Waugh are dismissed with prejudice. It is further ORDERED that Gullett's claims are dismissed because he failed to comply with this Court's orders. Signed by Judge Kristi K. DuBose on 1/3/2012. copy mailed to plf. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

TIMOTHY GULLETT,
Plaintiff,
vs.
ROGER GOODMAN, et al,
Defendants.

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: CIVIL ACTION NO. 11-00082-KD-M
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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 of the
Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B) is ADOPTED
as the opinion of this Court.

Accordingly, it is ORDERED that

plaintiff Timothy Gullett’s claims against defendants Warden
Roger Goodman, Sergeant David Brown, and Officer Richard Waugh
are dismissed with prejudice.
It is further ORDERED that Gullett’s claims are dismissed
because he failed to comply with this Court’s orders. Initially,
Gullett was ordered to immediately advise this Court of a change
in address and warned that dismissal of his action may result
from failure to follow this Court’s orders.(Doc. 7, p. 4; Doc.
10, p. 3). The report and recommendation was mailed to Gullett
at the address he provided; the Dallas County Jail. However, the

report and recommendation was marked “Return to Sender” “UTF”
(unable to forward) and returned to this Court. (Doc. 24).
Therefore, Gullett failed to obey this Court’s order that he
immediately provide his change of address if he is transferred
or released.
DONE this 3rd day of January, 2012.

s/Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE