Jones v. Caldwell Correctional Center
Filing
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RULING re 5 REPORT AND RECOMMENDATION re 1 Complaint filed by Born C Jones which was returned to the Clerk of Court on November 4, 2016, marked RETURNED TO SENDER. Signed by Judge Robert G James on 12/14/16. (crt,DickersonSld, D)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
BORN C. JONES
CIVIL ACTION NO. 3:16-1235
VERSUS
SECTION P
JUDGE ROBERT G. JAMES
CALDWELL CORRECTIONAL
CENTER, ET AL
MAGISTRATE JUDGE KAREN L. HAYES
RULING
On August 29, 2016, Plaintiff Born C. Jones (“Jones”), acting pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983. On October 24, 2016, Magistrate Judge Karen L. Hayes
issued a report recommending that Jones’ Complaint be dismissed with prejudice as frivolous and
for failing to state a claim upon which relief may be granted. A copy of this Report and
Recommendation was forwarded to Jones at the Caldwell Correctional Center, his last known place
of confinement. The Report and Recommendation was returned to the Clerk of Court on November
4, 2016, marked “RETURNED TO SENDER.”
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 November 4, 2016. Jones failed to advise the Court of his new
address by December 5, 2016. The thirty-day period within which Jones was required to notify the
Court of his new address has expired.
Accordingly, for the foregoing reasons, Jones’ civil rights action will be DISMISSED
WITHOUT PREJUDICE for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure and Local Rule 41.3W.
MONROE, LOUISIANA, this 14th day of December, 2016..
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