SMITH v. LIEUTENANT JOHN PHELPS

Filing 24

ORDER ADOPTING 22 Report and Recommendations and GRANTING 18 Motion to Dismiss. The Plaintiff's Complaint 1 is dismissed without prejudice. Ordered by Judge Marc Thomas Treadwell on 10/15/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
GREGORY ALLEN SMITH,
Plaintiff,
v.
LIEUTENANT JOHN PHELPS,
Defendant.

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CIVIL ACTION NO. 5:12-CV-160 (MTT)

ORDER
Before the Court is the Report and Recommendation of United States Magistrate
Judge Stephen Hyles. (Doc. 22). Judge Hyles recommends granting the Defendant’s
motion to dismiss for the Plaintiff’s failure to exhaust his administrative remedies. (Doc.
18). The Plaintiff has not objected to the Recommendation.1
The Court has reviewed the Recommendation, and the Recommendation is
ADOPTED and made the order of the Court. The Defendant’s motion to dismiss is
GRANTED. Plaintiff’s complaint is dismissed without prejudice.
SO ORDERED, this 15th day of October, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT 

The Report and Recommendation mailed to the Plaintiff was returned to the Court as
undeliverable. (Doc. 23). Presumably, this is because the Plaintiff has been released from
custody. (Doc. 18-2, ¶ 6). However, it is the Plaintiff’s duty to keep this Court informed as to his
current address. As the Magistrate Judge made clear in his Order dated July 9, 2012, the
Plaintiff “shall at all times keep the clerk of this court…advised of [his] current address. Failure
to promptly advise the Clerk of any change of address may result in the dismissal of [the
Plaintiff’s] pleadings filed herein.” (Doc. 10 at 5).
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