Vaughn v. Conway et al

Filing 9

OPINION AND ORDER deeming as moot Magistrate Judge John K. Larkins IIIs Final Report and Recommendation 4 and dismissing this action without prejudice. Signed by Judge William S. Duffey, Jr on 9/28/16. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JEFFERY ALAN VAUGHN,
Plaintiff,
v.

1:16-cv-501-WSD

SHERIFF BUTCH CONWAY, et al.,
Defendants.

ORDER
This matter is before the Court on Magistrate Judge John K. Larkins III’s
Final Report and Recommendation [4] (“R&R”), recommending that this action be
dismissed as frivolous.
On February 3, 2016, Plaintiff Jeffery Alan Vaughn (“Plaintiff”), a prisoner,
proceeding pro se, filed his Complaint pursuant to 42 U.S.C. § 1983 [1]
(“Complaint”). On February 25, 2016, the Magistrate Judge granted Plaintiff’s
request to proceed in forma pauperis, and cautioned him that this action may be
dismissed if Plaintiff fails to keep the court advised of his address “at all times
while this lawsuit is pending.” ([3] at 2). On March 1, 2016, the Magistrate Judge
screened Plaintiff’s Complaint and issued his R&R, recommending that this action

be dismissed as frivolous.1 Plaintiff did not file objections. Copies of the
Magistrate Judge’s R&R and February 25, 2016, Order, were mailed to Plaintiff’s
address of record but were returned as undeliverable, with a notation stating that
Plaintiff was “released” from confinement on February 25, 2016. ([6]; [7]; [8]).
The Local Rules 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(B), NDGa. The Magistrate
Judge cautioned Plaintiff to keep the Court advised of his address “at all times
while this lawsuit is pending.” ([3] at 2). Plaintiff has not done so, in violation of
both the Magistrate Judge’s Order and the Local Rules. This prevented Plaintiff
from receiving mailed copies of the Magistrate Judge’s R&R and
February 25, 2016, Order. Approximately seven months have passed since
Plaintiff changed his address, and he still has not updated his address of record and
he has not otherwise participated in this case since his address change. This action
1

A federal court must screen “a complaint in a civil action in which a prisoner
seeks redress from a governmental entity or officer or employee of a governmental
entity.” 28 U.S.C. § 1915A(a). The Court is required to dismiss the complaint if it
is “frivolous, malicious, or fails to state a claim upon which relief may be granted.”
28 U.S.C. § 1915A(b)(1). A claim is frivolous, and must be dismissed, where it
“lacks an arguable basis either in law or in fact.” Miller v. Donald, 541 F.3d 1091,
1100 (11th Cir. 2008).
2

is required to be dismissed.
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge John K. Larkins III’s
Final Report and Recommendation [4] is MOOT.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.

SO ORDERED this 28th day of September, 2016.

3