Ward v. Oconee County Detention Center et al

Filing 33

ORDER adopting 31 Report and Recommendations and granting 25 Motion to Dismiss. The Clerk is directed to serve the plaintiff at the LAST ADDRESS provided by him. Ordered by Judge C. Ashley Royal on 6/3/11 (lap)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION

MICHAEL TERRANCE WARD,
Plaintiff,
v.
SCOTT BERRY, et al.,
Defendants.
_______________________________

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No. 3:10-CV-78 (CAR)

ORDER ON MAGISTRATE JUDGE’S RECOMMENDATION
This matter comes before the Court on the United States Magistrate Judge’s
Recommendation [Doc. 31] that the remaining Defendants’ unopposed Motion to Dismiss [Doc. 25]
be granted. On May 9, 2011, the Magistrate Judge issued an Order directing Plaintiff to respond to
Defendants’ Motion to Dismiss. On that same day, the Magistrate Judge also issued a Show Cause
Order, directing Plaintiff to respond by May 31, 2011, as to why this case should not be dismissed
based on Plaintiff’s failure to keep the Clerk and Defendants apprised of his current address. Both
of these Orders were returned as undeliverable. The returns showed that Plaintiff had been paroled.
As a result of Plaintiff’s failure to update his address with Defendants and the Court, Defendants’
Motion to Dismiss stands unopposed, and Plaintiff has not filed any objection to the Magistrate
Judge’s Recommendation. Having reviewed de novo the Recommendation, the Court agrees with
the Magistrate Judge’s recommendation that Defendants’ Motion to Dismiss be granted.
Accordingly, the Magistrate Judge’s Recommendation is HEREBY ADOPTED AND MADE THE
ORDER OF THE COURT. Respondent’s Motion to Dismiss [Doc. 25] is hereby GRANTED.
Plaintiff’s action is DISMISSED with prejudice.
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The Magistrate Judge advised Plaintiff at the commencement of this case of his obligation
to diligently prosecute this action. The Magistrate Judge also warned Plaintiff that his case could
be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure if he failed to meet that
obligation. Plaintiff failed to meet that obligation. He failed to provide the Court or Defendants
with an updated address. As a result, he failed to respond to the Motion to Dismiss, the Magistrate
Judge’s Order directing him to respond to the Motion to Dismiss, and the Magistrate Judge’s Show
Cause Order. Based on Plaintiff’s failure to prosecute this action and comply with several Orders,
dismissal under Rule 41(b) is the appropriate action at this time.
In accordance with the Recommendation of the United States Magistrate Judge, Defendants’
Motion to Dismiss [Doc. 25] is GRANTED. Plaintiff’s claims are DISMISSED with prejudice.
The Clerk is directed to serve the plaintiff at the LAST ADDRESS provided by him.

SO ORDERED this 3rd day of June, 2011.
S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT

bcw

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