Butler v. Unknown

Filing 5

OPINION AND ORDER adopting Magistrate Judge Catherine M. Salinas' Final Report and Recommendation 3 and dismissing this action without prejudice under Local Rule 41.3(A)(2) for failure to comply with a lawful order of the Court. Signed by Judge William S. Duffey, Jr on 9/19/17. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DEMARCO BUTLER,
Plaintiff,
v.

1:17-cv-1508-WSD

UNKNOWN DEFENDANT,
Defendant.

OPINION AND ORDER
This matter is before the Court on Magistrate Judge Catherine M. Salinas’
Final Report and Recommendation [3] (“R&R”), recommending this action be
dismissed for failure to comply with a lawful order of the Court.
I.

BACKGROUND
On April 26, 2017, the Clerk’s Office received an unsigned postcard from

Plaintiff Demarco Butler (“Plaintiff”), a pretrial detainee at the DeKalb County
Jail, complaining about various jail policies and constitutional violations. ([1]).
The Clerk’s Office designated the postcard and filed it as Plaintiff’s Complaint
(Id.).
On June 21, 2017, the Magistrate Judge issued an Order [2] (“June 21st
Order”) directing “the Clerk to send [Plaintiff] copies of this Court’s [42 U.S.C.]

§ 1983 form and in forma pauperis affidavit form, each pre-marked ‘Case No.
1:17-CV-1508-WSD-CMS.’” (June 21st Order at 1). The Magistrate Judge
directed Plaintiff to complete and submit the forms within twenty-one (21) days.
(Id.). The Magistrate Judge warned Plaintiff that this action may be dismissed if
Plaintiff fails to notify the Court of any address changes or if Plaintiff fails to
comply with the June 21st Order. (Id.). Plaintiff did not complete and submit the
forms as ordered.
On July 25, 2017, the Magistrate Judge issued her R&R, recommending that
the Court dismiss this action for Plaintiff’s failure to comply with the Court’s
June 21st Order. Plaintiff did not file any objections to the R&R, and has not
otherwise taken any action in this matter.
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).
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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), N.D. Ga.
Plaintiff failed to comply with the June 21st Order after being advised that
failure to do so may result in the dismissal of this action. The Magistrate Judge
recommends this action be dismissed for Plaintiff’s failure to comply with the
Court’s order. The Court finds no plain error in this finding and recommendation.
Slay, 714 F.2d at 1095. Accordingly, this action is dismissed pursuant to Local
Rule 41.3(A)(2).
III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Catherine M. Salinas’

Final Report and Recommendation [3] is ADOPTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE under Local Rule 41.3(A)(2) for failure to comply with a lawful
order of the Court.
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SO ORDERED this 19th day of September, 2017.

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