BIRT v. DEPARTMENT OF CORRECTIONS et al

Filing 35

ORDER ADOPTING 33 Report and Recommendations. Plaintiff's complaint against all Defendants is DISMISSED with prejudice for failure to prosecute and failure to follow Court orders. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/20/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MURRELL ANTHONY BIRT,
Plaintiff,
v.
DEPARTMENT OF CORRECTIONS,
et. al.,
Defendants.

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CIVIL ACTION NO. 5:16-CV-160 (MTT)

ORDER
United States Magistrate Judge Stephen Hyles recommends granting Defendant
Wilson’s motion to dismiss for failure to prosecute (Doc. 28), which Defendant Carson
moved to join (Doc. 29). Doc. 33. The Magistrate Judge also recommends denying as
moot Defendant Carson’s other motion to dismiss (Doc. 16) and dismissing the
Plaintiff’s claims against the other Defendants, also for failure to prosecute. Doc. 33.
The Plaintiff did not object to the Recommendation. The Recommendation was
returned to the Clerk’s Office undeliverable from the Plaintiff’s prior place of
incarceration, and the Plaintiff has failed to communicate his current address to the
Court as ordered. See Doc. 6 at 2 (warning the Plaintiff that failure to inform the Court
in writing of any address change may result in dismissal of his complaint); Doc. 8 at 12
(same); see also Doc. 28-1 at 2 (“The reason that Plaintiff’s mail has been returned is
presumably because Plaintiff was released from GDC custody on September 1,
201[6].”).

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. Accordingly, the
Plaintiff’s complaint against all Defendants is DISMISSED with prejudice for failure to
prosecute and failure to follow Court orders.
SO ORDERED, this 20th day of June, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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