Elk Looks-Back v. Unnamed Defendant

Filing 6

OPINION AND ORDER that Magistrate Judge J. Clay Fuller's Final Report and Recommendation 3 is ADOPTED. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge William S. Duffey, Jr on 5/2/2016. (anc)

of this action. (Id.). Plaintiff failed to comply with the Magistrate Judge’s order.
On November 16, 2015, the Magistrate Judge issued his R&R. The R&R
recommends dismissal of this action for failure to comply with a lawful order of
the Court. The R&R was mailed to Plaintiff, and was returned as undeliverable.
([5]). Plaintiff did not file objections to the R&R, and he has not otherwise taken
any action in this case.
II.

DISCUSSION
A.

Legal Standard

After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams
v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983).
No party objects to the R&R, and the Court thus conducts a plain error review of
the record. See United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983).
B.

Analysis

Under Local Rule 41.3(A)(2), “[t]he court may, with or without notice to the
parties, dismiss a civil case for want of prosecution if: . . . [a] plaintiff . . . shall,
after notice, . . . fail or refuse to obey a lawful order of the court in the case.” LR
41.3(A)(2), NDGa.

2

The Local Rules also provide that a pro se party’s failure to “keep the
clerk’s office informed of any change in address . . . which causes a delay or
otherwise adversely affects the management of the case shall constitute
grounds . . . for dismissal of the action without prejudice.” LR 41.2(C).
The Court finds no plain error in the Magistrate Judge’s recommendation
that this action be dismissed for failure to comply with a lawful order of the Court.
See Slay, 714 F.2d at 1095. Dismissal also is warranted under Local Rule 41.2(C)
because Plaintiff failed to keep the Clerk’s office informed of his current address.
III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge J. Clay Fuller’s Final

Report and Recommendation [3] is ADOPTED.
IT IS FURTHER ORDERED that this action is DISMISSSED
WITHOUT PREJUDICE.

SO ORDERED this 2nd day of May, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

3