Best v. Lenoir-Rowell Criminal Justice Center et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 39 Report and Recommendations. Signed by Chief District Judge Louis Guirola, Jr on 5/11/17. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
SHELBY WAYNE BEST
v.

PLAINTIFF
CAUSE NO. 1:16-cv-108-LG-RHW

STACY JORDAN, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING ACTION
This cause comes before the Court on the [39] Report and Recommendation of
United States Magistrate Judge Robert H. Walker. Plaintiff Shelby Wayne Best
brought this action against multiple defendants pursuant to 42 U.S.C. § 1983
alleging violations of his constitutional rights. On April 26, 2017, this cause came
before Magistrate Judge Walker for a duly noticed omnibus hearing, but Best failed
to appear at the hearing. Having reviewed the Magistrate Judge’s Report and
Recommendation and the record in this action, the Court agrees with Magistrate
Judge Walker that this action should be dismissed based on Best’s failure to appear
at the hearing.
The record reflects that on February 8, 2017, Best was sent a copy of the notice
of hearing at his last known address of record at the George County Correctional
Facility located in Lucedale, Mississippi. The record further reflects that the writ
which was issued to George County Correctional Facility to secure Best’s presence
at the hearing was received by the facility before February 10, 2017. (See ECF No.
38). According to Magistrate Judge Walker, “[t]he facility has since advised the
Court that Best was released from confinement on parole on February 22, 2017.”

(Rep. & Rec. 1, ECF No. 39). Both the Magistrate Judge and this Court have
confirmed that “Best does not appear on an inmate search of the Mississippi
Department of Corrections web site.” (See id.). Moreover, the Magistrate Judge
advised Best in writing on multiple occasions of his responsibility to keep the Court
apprised of any address changes. (See, e.g., ECF Nos. 3, 4, 12, 16, 20). Nonetheless,
Best did not appear for the April 26 hearing1 and has not filed a change of address
since his release, and has otherwise filed nothing in this action since January 2017.
As a result, on April 26, Magistrate Judge Walker recommended that this
Court dismiss this action for Best’s failure to appear at the omnibus hearing. Best
has not objected to or otherwise responded to Magistrate Judge Walker’s Report and
Recommendation, and the time for doing so has now expired. Indeed, the Report
and Recommendation was returned as undeliverable, because, again, Best has not
informed this Court of his current address. (See ECF No. 40).
Where no party has objected to the Magistrate Judge’s Report and
Recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C.
§ 636(b)(1) (“A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings and recommendations to which
objection is made.”). In such cases, the Court need only review the Report and

The Magistrate Judge stated that he “called Best’s name three times in
open court with no response, and Deputy Ryan called his name three times with no
response in the hallway outside the courtroom.” (Rep. & Rec. 2, ECF No. 39).
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Recommendation and determine whether it is either clearly erroneous or contrary
to law. See, e.g., United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
Having conducted the required review, the Court is of the opinion that
Magistrate Judge Walker’s Report and Recommendation is neither clearly
erroneous nor contrary to law. Accordingly, the Court finds that the [39] Report
and Recommendation should be adopted as the opinion of this Court, and that this
matter should be dismissed.
IT IS THEREFORE ORDERED AND ADJUDGED that the [39] Report
and Recommendation of United States Magistrate Judge Robert H. Walker entered
in this cause should be, and hereby is, adopted as the findings of this Court, and
that Plaintiff’s claims against Defendants are DISMISSED. A separate judgment
will be entered.
SO ORDERED AND ADJUDGED this the 11th day of May, 2017.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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