Morton v. Neely et al

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Michael Dewayne Morton. The claims against Defendant Jack W. Meigsand Defendant Shanika Perry be dismissed with prejudice and theclaims against Defendant Tori Neely be dismissed withoutprejudice. It is further ORDERED that plaintiffs claims are dismissedbecause he did not comply with this Courts orders.. Signed by Judge Kristi K. DuBose on 11/28/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
MICHAEL DEWAYNE MORTON,
Plaintiff,
v.
TORI NEELY, et al.,
Defendants.

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: CIVIL ACTION 11-0164-KD-M
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ORDER

After due and proper consideration of all pleadings in this
file, and there having been no objections filed, the
Recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(1)(B) is adopted as the opinion of this Court.
It is ORDERED that the claims against Defendant Jack W. Meigs
and Defendant Shanika Perry be dismissed with prejudice and the
claims against Defendant Tori Neely be dismissed without
prejudice.
It is further ORDERED that plaintiff’s claims are dismissed
because he did not comply with this Court’s orders. Specifically,
plaintiff was ordered to advise this Court immediately of a change
in address such as when he is transferred or released and warned
that dismissal of his action may result from failure to follow
this Court’s orders.(Doc. 3). The report and recommendation was
mailed to the address he provide: the Dallas County Jail. However,
the mail was returned and marked “Not here, Return to Sender”

(Doc. 7) which indicates that he has been released or transferred.
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 28th day of November, 2011.

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