Duhon v. Lafayette Parish Correctional Center

Filing 28

ORDER: Out of an abundance of caution, the Court will provide Petitioner until March 3,2025 to: (1) comply with the Magistrate Judge's Nov. 1,2024 Order, and (2) demonstrate good cause for his failure to comply with the court rules discussed herein. Petitioner is hereby placed ON NOTICE that his failure to comply with this Order will result in the DISMISSAL of this matter WITH PREJUDICE. Signed by Judge Robert R Summerhays on 1/29/2025. (crt,Craig-Fontenot, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
MICHAEL CALVIN DUHON

CASE NO. 6:22-CV-00476 SEC P

VERSUS

JUDGE ROBERT R. SUMMERHAYS

WARDEN, LAFAYETTE PARISH

MAGISTRATE JUDGE DAVID J. AYO

CORRECTIONAL CENTER

ORDER
On January 6, 2025, the Magistrate Judge issued a Report and Recommendation ("R&R")
recommending the Petition for Writ of Habeas Corpus be dismissed due to Petitioner's failure to

comply with the Court's Order of November 1, 2024, and due to Petitioner s failure to notify the
Court in writing of an address change.1 No objections to the R&R have been filed by Petitioner as
of this date. Both the November 1, 2024 Order and the January 6, 2025 R&R have been returned
to the Court and marked "Unable to Accept" and "Not Here."2

Federal Rule of Civil Procedure 41(b) provides for dismissal of a civil action for failure to
comply with a court order.3 However, the Magistrate Judge's November 1, 2024 Order did not
provide a deadline for compliance. Local Rule 41.3 provides that a civil action may be dismissed

by the Court for lack of prosecution where a pro se litigant fails to notify the court in writing of

' See ECF No. 26 (Jan. 6, 2025, R&R); ECF No. 24 (Nov. 1, 2024, Order); see also Fed. R. Civ. P. 41(b)
(dismissal for failure to comply with a court order); LR 41.3(D) (dismissal for failure to notify court in
writing of address change). The Magistrate Judge's November 1, 2024 Order directed Petitioner to "file a
supplement to his Petition with aNUMBERED LIST of each claim he wishes to pursue in this habeas action
and whether each claim was fully exhausted through the Louisiana Supreme Court," and further ordered
that the "supplement should be legible and not exceed five pages." ECF No. 24.
2^eECFNos.25,27.
3 Such dismissal "operates as an adjudication on the merits" unless the order states otherwise. Fed. R. Civ.

P.4l(b).

an address change when 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."4 The rule further provides:

Prior to issuance of a dismissal, notice will be sent to the plaintiff, and plaintiff will
be allowed 30 calendar days from mailing of the notice within which to file
evidence of good cause for plaintiff's failure to act. If no response is received within

the allotted time, the clerk may dismiss the civil action. If a timely response is filed,
a district judge or magistrate judge may order additional time within which to take
action, dismiss the civil action without prejudice or make any other appropriate
order.5

In light of the forgoing and out of an abundance of caution, the Court will provide Petitioner until
March 3,2025 to: (1) comply with the Magistrate Judge's Nov. 1,2024 Order, and (2) demonstrate
good cause for his failure to comply with the court rules discussed herein.

Petitioner is hereby placed ON NOTICE that his failure to comply with this Order

wiUresuHinthe DISMISSAL of this matter WITH PREJUDICE.
THUS DONE in Chambers on this 29th day of January, 2025.

ROBERT R. SUMMBRHAYS
UNITED STATES DISTRICT JUDGE.

4LR41.3(D).
5 LR 41.3.

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