Keenan #146958 v. Prucha et al

Filing 19

REPORT AND RECOMMENDATION that the complaint be dismissed for failure to prosecute; objections to R&R due within 10 days; signed by Magistrate Judge Timothy P. Greeley (Magistrate Judge Timothy P. Greeley, cpl)

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Keenan #146958 v. Prucha et al Doc. 19 Case 2:05-cv-00113-RHB-TPG Document 19 Filed 05/01/2007 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION TIMOTHY PAUL KEENAN, Plaintiff, v. PAUL PRUCHA, et al., Defendants. ____________________________/ Case No. 2:05-cv-113 HON . ROBERT HOLMES BELL REPORT AND RECOMMENDATION Plaintiff filed this pro se civil rights action pursuant to 42 U.S.C. 1983. On April 23, 2007, the Sixth Circuit Court of Appeals remanded the case to this court for further proceedings. On April 25, 2007, this Court issued an Order Regarding Service. Plaintiff's copy of the order was returned to this Court on April 30, 2007, as undeliverable, indicating that plaintiff had been released from incarceration and had left no forwarding address. Accordingly, because plaintiff has failed to keep the Court apprised of his current address, I recommend that plaintiff's complaint be dismissed, pursuant to Fed. R. Civ. P. 41(b), for failure to prosecute. See Catz v. Chalker, 142 F.3d 279, 286 (6th Cir. 1998); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991); Buck v. U.S. Dept. of Agriculture, 960 F.2d 603 (6th Cir. 1992). NOTICE TO PARTIES: Objections to this Report and Recommendation must be served on opposing parties and filed with the Clerk of the Court within ten (10) days of receipt of this Report and Recommendation. 28 U.S.C. 636(b)(1)(C); Fed. R. Civ. P. 72(b); W.D. Mich. LCivR 72.3. Failure to file timely objections constitutes a waiver of any further right to appeal. Case 2:05-cv-00113-RHB-TPG Document 19 Filed 05/01/2007 Page 2 of 2 United States v. Walters, 638 F.2d 947 (6th Cir. 1981). See also Thomas v. Arn, 474 U.S. 140 (1985). /s/ Timothy P. Greeley TIMOTHY P. GREELEY UNITED STATES MAGISTRATE JUDGE Dated: May 1, 2007 -2-

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