Davis v. State of Louisiana

Filing 9

MEMORANDUM RULING dismissing the Petition without prejudice for failing to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Local Rule 41.3. Signed by Judge Robert G James on 11/20/14. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
CHRISTOPHER DAMONE DAVIS

CIVIL ACTION NO. 14-2315

VERSUS

JUDGE ROBERT G. JAMES

STATE OF LOUISIANA

MAGISTRATE JUDGE KAREN L. HAYES

RULING
On July 15, 2014, Petitioner Christopher Damone Davis (“Davis”), acting pro se, filed this
Petition for Writ of Mandamus. On September 22, 2014, Magistrate Judge Karen L. Hayes issued
a report [Doc. No. 7] recommending that Davis’ petition be dismissed with prejudice for failing to
state a claim upon which relief may be granted. A copy of this Report and Recommendation was
forwarded to Davis at the Ouachita Parish Correctional Center, his last known place of confinement.
The Report and Recommendation was returned to the Clerk of Court on September 29, 2014, marked
“not here.”
Local Rule 41.3, in pertinent part, provides:
The failure of an attorney or pro se litigant to promptly notify the
court in writing 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 September 29, 2014. Davis failed to advise the Court of his new
address by October 29, 2014. The thirty-day period within which Davis was required to notify the
Court of his new address has expired.

Accordingly, for the foregoing reasons, the Court will dismiss Davis’ Petition without
prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and
Local Rule 41.3.
MONROE, LOUISIANA, this 20th day of November, 2014.

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