Palmer v. Owens et al
Filing
54
ORDER adopting Report and Recommendations re 52 Report and Recommendations. Defendants Motion to Dismiss [Doc. 47] is GRANTED, and this case ishereby DISMISSED with prejudice for failure to prosecute. Ordered by Judge C. Ashley Royal on 11/22/2011 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CHARLES A. PALMER,
:
:
Plaintiff,
:
Case No.: 5:09‐cv‐326 (CAR)
:
v.
:
:
OFFICER RICE, et al.,
:
:
Defendants.
:
__________________________________
ORDER ON THE UNITED STATES MAGISTRATE JUDGE’S
RECOMMENDATION OF DISMISSAL
Before the Court is the United States Magistrate Judge’s Recommendation [Doc.
52] to grant Defendants Motion to Dismiss [Doc. 47] for Plaintiff’s failure to prosecute.
Plaintiff has not filed an objection to the Recommendation. As set forth by the
Magistrate Judge in his Recommendation, Plaintiff has failed to keep the Clerk and
Defendants advised of his current address, despite the Court’s orders instructing
Plaintiff to do so and warnings that failure to do so may result in the dismissal of his
pleadings. Indeed, the record shows that Plaintiff was released from Augusta State
Medical Prison, his last known address, on February 14, 2011, and Plaintiff has thus
failed to update the Court or Defendants as to his whereabouts or otherwise provide an
address which he can be served with pleadings for the past nine months. Plaintiff has
had ample notice and opportunity to contact this Court and has been warned that
failure to do so would result in dismissal of this action. Accordingly, the
Recommendation [Doc. 52] is HEREBY ADOPTED AND MADE THE ORDER OF
THE COURT. Defendants’ Motion to Dismiss [Doc. 47] is GRANTED, and this case is
hereby DISMISSED with prejudice for failure to prosecute.
SO ORDERED, this 22nd day of November, 2011.
SSH
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
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