EMORY v. TAYLOR et al

Filing 21

This is a text only entry; no document issued. ORDER ADOPTING 19 Report and Recommendations. This case is DISMISSED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/23/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DON LEE EMORY, SR.,
Plaintiff,
v.
Warden CEDRIC TAYLOR, et al.,
Defendants.

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CIVIL ACTION NO. 5:15-CV-105 (MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends dismissing the
Plaintiff’s action pursuant to Fed. R. Civ. P. 41(b). (Doc. 19). The Magistrate Judge
makes this Recommendation because the Plaintiff has failed to update the Court with
his current address. In a previous order, the Magistrate Judge advised the Plaintiff that
he “must diligently prosecute his Complaint or face the possibility that it will dismissed
under Rule 41(b)” and warned that the “[f]ailure to promptly advise the Clerk of any
change of address may result in the dismissal of [his] pleadings.” (Doc. 5 at 5).
As noted by the Magistrate Judge, it appears the Plaintiff was released on parole
on April 21, 2015, but he never informed the Court of his new address. Consequently,
multiple orders have been returned to the Court as undeliverable. (Docs. 8; 14; 16). On
December 2, 2015, the Magistrate Judge issued a show cause order requiring the
Plaintiff to respond why the case should not be dismissed as a result of his failure to
prosecute. (Doc. 17). That order was also returned as undeliverable. (Doc. 18). The
Magistrate Judge noted that “[a]s of the date of this Report and Recommendation, it has

been over a year[ ] since Plaintiff last contacted the Court, and it has been over four
months since the show cause Order was entered.” (Doc. 19 at 2).
The Plaintiff has not objected to the Recommendation, which was also returned
as undeliverable. (Doc. 20). The Court has reviewed the Recommendation, and the
Court accepts and adopts the findings, conclusions, and recommendations of the
Magistrate Judge. The Recommendation is ADOPTED and made the order of this
Court. (Doc. 19). Accordingly, this case is DISMISSED.
SO ORDERED, this 23rd day of May, 2016.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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