Laws v. Johnson et al

Filing 9

RULING re 7 REPORT AND RECOMMENDATION re 1 Complaint filed by Johnathon David Laws. Signed by Chief Judge Robert G James on 2/28/12. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
JOHNATHON DAVID LAWS
LA. DOC #537891

CIVIL ACTION NO. 3:11-cv-1743

VERSUS

SECTION P
JUDGE ROBERT G. JAMES

CHARLES RAY JOHNSON, ET AL.

MAGISTRATE JUDGE KAREN L. HAYES
RULING

Pro se Plaintiff Johnathon David Laws, proceeding in forma pauperis, filed the instant civil
rights complaint pursuant to 42 U.S.C. §1983 on September 26, 2011. Plaintiff is an inmate in the
custody of Louisiana’s Department of Public Safety and Corrections (“LDOC”). When he filed this
complaint he was incarcerated at the West Baton Rouge Detention Center, Port Allen, Louisiana;
he was subsequently transferred to the Elayn Hunt Correctional Center, St. Gabriel. He complains
that he was the victim of excessive force and threats at the hands of corrections officers while he was
incarcerated at the Franklin Parish Detention Center (“FPDC”). He sued Sgt. Charles Ray Johnson,
Warden Chad Lee, Asst. Warden Emfinger, Sgt. Fusel and Sgt. Griffen, but sought only injunctive
relief. He prayed for his transfer to another facility and for medical attention to be provided by
FPDC.
On January 12, 2012, Magistrate Judge Karen L. Hayes issued a Report and Recommendation
[Doc. No. 7], recommending that Plaintiff’s case be dismissed with prejudice for failing to state a
claim upon which relief may be granted. Since Plaintiff sought only injunctive relief against FPDC
Defendants and he was no longer incarcerated at FPDC, Magistrate Judge Hayes recommended

dismissal of his Complaint for failing to state a claim upon which relief may be granted. A copy
of Magistrate Judge Hayes’ Report and Recommendation was sent to Plaintiff at Elayn Hunt
Correctional Center, his last known place of confinement.
On January 23, 2012, however, the copy of the Report and Recommendation sent to Plaintiff
was returned to the Clerk of Court with a notation on the envelope: “RETURN TO SENDER[,]
NOT DELIVERABLE AS ADDRESSED[,] UNABLE TO FORWARD.” [Doc. No. 8].
Local Rule 41.3W, in pertinent part, provides:
The failure of an attorney or pro se litigant to keep the Court apprised
of an address change may be considered cause for dismissal for
failure to prosecute when a notice is returned to the Court for the
reason of an incorrect address and no correction is made to the
address for a period of 30 days.
In the present case, the Magistrate Judge’s Report and Recommendation was returned to the
Clerk of Court as undeliverable on January 23, 2012. Plaintiff failed to advise the Court of his new
address by February 22, 2012. The 30-day period within which plaintiff was required to notify the
Court of his new address has expired. Accordingly, the Court finds that plaintiff has failed to
prosecute his case. The return of the Report and Recommendation also indicates that Plaintiff was
again transferred, one of the types of relief he requested in this matter, and there is no indication that
he has been transferred back to FPDC.
Therefore, for the reasons stated by Magistrate Judge in her Report and Recommendation,
which is ADOPTED by the Court, and for the additional reason that Plaintiff has failed to update his
address, the Court finds that dismissal of Plaintiff’s Complaint is appropriate. Although the Court
would normally dismiss Plaintiff’s Complaint without prejudice for failure to update his address, the
Court agrees with Magistrate Judge Hayes that Plaintiff’s Complaint, on its face, fails to state a claim
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upon which relief can be granted. Therefore, the Court will dismiss Plaintiff’s Complaint with
prejudice since his claims for injunctive relief against Defendants are moot.
MONROE, LOUISIANA, this 28th day of February, 2012.

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