McAdory v. Coahoma County Sheriff Dept. et al

Filing 9

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Bernard McAdory Objections to R&R due by 2/25/2008, recommending dismissal of this case for failure to prosecute. Signed by Judge S. Allan Alexander on 2/8/2008. (gta, USDC)

McAdory v. Coahoma County Sheriff Dept. et al

Doc. 9

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION BERNARD MCADORY v. COAHOMA COUNTY SHERIFF'S DEPARTMENT, ET AL. REPORT AND RECOMMENDATION On January 23, 2008, plaintiff Bernard McAdory, formerly held in the Coahoma County Jail, failed to appear for a hearing pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), to determine whether there exists a justiciable basis for his claim filed pursuant to 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this lawsuit.1 As the plaintiff, who is now in the free world, failed to appear for the scheduled hearing, the instant case should be dismissed for failure to prosecute under FED. R. CIV. P. 41(b). Handling of Objections, Acknowledgment of Receipt The court refers the parties to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b) for the appropriate procedure in the event any party desires to file objections to these findings and recommendations. Objections are required to be in writing and must be filed within ten (10) days of this date, and "a party's failure to file written objections to the findings, conclusions, and recommendation in a magistrate judge's report and recommendation within 10 days after being served with a copy shall bar that party, except on grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court . . PLAINTIFF No. 2:07CV175-P-A DEFENDANTS

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28 U.S.C. § 1915(g).

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. ." Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc)(citations omitted); see also United States v. Carrillo-Morales, 27 F.3d 1054, 1061-62 (5th Cir. 1994), cert. denied, 513 U.S. 1178, 115 S.Ct. 1163, 130 L. Ed. 1119 (1995). The plaintiff is directed to acknowledge receipt of this report and recommendation by signing the enclosed acknowledgment form and returning it to the clerk of the court within ten (10) days of this date. The plaintiff is warned that failure to comply with the requirements of this paragraph may lead to dismissal of this lawsuit under Fed. R. Civ. P. 41(b) for failure to prosecute the claim and for failure to comply with an order of the court. Respectfully submitted this 8th day of February, 2008.

/s/ S. Allan Alexander UNITED STATES MAGISTRATE JUDGE

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