Bodo v. France

Filing 19

ORDER (1) Vacating 17 Order to Show Cause and (2) Dismissing 1 Complaint Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CODY BODO,
Plaintiff,

Case No. 16-cv-13652
Hon. Matthew F. Leitman

v.
FRANCE,
Defendant.
__________________________________________________________________/
ORDER (1) VACATING ORDER TO SHOW CAUSE (ECF #17) AND (2)
DISMISSING COMPLAINT WITHOUT PREJUDICE
On October 12, 2016, Plaintiff Codo Bono filed this prisoner civil-rights action
against Defendant France, a corrections officer employed at the Woodland Correctional
Center in Whitmore Lake, Michigan. (See Compl., ECF #1.) At the time Bono filed the
Complaint, he was incarcerated at the Richard A. Handlon Correctional Facility. (See id.
at Pg. ID 1.)
On October 14, 2016, the Court entered a notice in this action with respect to Bono’s
obligation under the Court’s Local Rules to inform the Court if his address or contact
information changed. (See Notice, ECF #3.) The notice informed Bono, among other
things, that the “[f]ailure to promptly notify the Court of a change in address or other
contact information may result in the dismissal of [his] case.” (Id. at Pg. ID 20; emphasis
in original).

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It appears that Bono is no longer incarcerated at the Richard A. Handlon
Correctional Facility. However, Bono has not informed the Court that his address or
contact information has changed. Nor has he filed any documents with the Court since he
filed the Complaint in 2016.
On February 7, 2019, the Court entered a show cause order in which it directed Bono
to show cause, in writing, by no later than March 22, 2019, “why the Court should not
dismiss this action due to his failure to comply with his obligation to inform the Court of
his change of address and/or his failure to prosecute this action.” (Order, ECF #17 at Pg.
ID 52.) The Court further warned Bono that if he did “not respond” to the order by March
22, 2019, “the Court [would] dismiss his Complaint without prejudice.” (Id.) The Court
mailed the show cause order to Bono at his last provided address on February 7, 2019. (See
Dkt.)
Bono has not filed any response to the show cause order. Nor has he provided the
Court an updated address as this Court’s local rules requires. Finally, he has not taken any
other steps to prosecute this action. Accordingly, for all of the reasons stated in this order
and in the February 7, 2019, show cause order, (1) the show cause order (ECF #17) is
VACATED and (2) the Complaint (ECF #1) is DISMISSED WITHOUT PREJUDICE
due to Bono’s failure to prosecute this action and failure to comply with the Court’s orders.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: May 1, 2019

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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on May 1, 2019, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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