Davis v. Taylor et al
Filing
5
OPINION AND ORDER adopting Magistrate Judge Catherine M. Salinas' Final Report and Recommendation 2 and dismissing this action without prejudice. Signed by Judge William S. Duffey, Jr on 9/7/17. (ddm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
WILLIAM SCOTT DAVIS, JR.,
Plaintiff,
v.
1:17-cv-729-WSD
AVA BELL TAYLOR, et al.,
Defendants.
OPINION AND ORDER
This matter is before the Court on Magistrate Judge Catherine M. Salinas’
Final Report and Recommendation [2] (“R&R”), recommending dismissal of this
action.
On February 27, 2017, Plaintiff William Scott Davis, Jr. (“Plaintiff”) filed
his pro se Complaint. ([1]). In his Complaint, Plaintiff states that he resides at
FMC Butner in Butner, North Carolina. (Compl. at 1).
On August 18, 2017, the Magistrate Judge issued her R&R, recommending
that this action be dismissed for Plaintiff’s failure to update his address with the
Clerk’s Office, in violation of Local Rule 41.2(B). The R&R was mailed to
Plaintiff’s address of record and, on September 1, 2017, was returned as
undeliverable. ([4]). Plaintiff did not file objections to the R&R, and the Court
thus reviews it for plain error. See United States v. Slay, 714 F.2d 1093 (11th Cir.
1983), cert. denied, 464 U.S. 1050 (1984).
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.
Plaintiff was released from FMC Butner on May 16, 2017. See
https://www.bop.gov/inmateloc/ (last viewed September 7, 2017; searched for
BOP ID 84944-083). Plaintiff has not filed a change of address notice and, after
his Complaint was filed, Plaintiff has not taken any action to prosecute this matter.
The Magistrate Judge found that this action should be dismissed under Local Rule
41.2(B) because the management of this case has been adversely affected by
Plaintiff’s failure to notify the Clerk’s Office of his current address. The Court
finds no plain error in this determination and this action is dismissed under Local
Rule 41.2(B).
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Catherine M. Salinas’
Final Report and Recommendation [2] is ADOPTED.
2
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.
SO ORDERED this 7th day of September, 2017.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?