Goldman v. Owens et al

Filing 24

ORDER ADOPTING 22 Report and Recommendations. Complaint is DISMISSED WITH PREJUDICE. Ordered by Judge Marc Thomas Treadwell on 12/22/2010. (tlh)

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION ROBERT GOLDMAN ) ) Plaintiff, ) ) v. ) ) ALEXIS E. L. CHASE, et al., ) ) Defendants. ) ________________________________ )

CIVIL ACTION NO. 5:10-CV-215 (MTT)

ORDER This matter is before the Court on the Recommendation (Doc. 22) of United States Magistrate Judge Charles H. Weigle. The Magistrate Judge has recommended that the Plaintiff's Complaint (Doc. 1) be dismissed without prejudice for failure to diligently prosecute his action. By Order (Doc. 10) of the Court dated August 3, 2010, the Plaintiff was notified of his duty to diligently prosecute the action and to advise the Court of any address change. Further, the Plaintiff also was warned that, pursuant to Federal Rule of Civil Procedure 41(b), failure to diligently prosecute the action or keep the Court apprised of his current address may result in the dismissal of his pleadings or of the case itself. Because diligent prosecution of a case includes keeping the Court advised of a current mailing address, and because the Plaintiff has failed to do so in this case, it appears the Plaintiff has abandoned his claims. The Plaintiff did not file an objection to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Plaintiff's Complaint is DISMISSED without prejudice.

SO ORDERED, this 22nd day of December, 2010. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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