Jackson v. City of Gulfport et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 35 Report and Recommendations. Plaintiff's claims are dismissed without prejudice. Signed by District Judge Louis Guirola, Jr. on 1/5/2018 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
WILLIE LOUIS JACKSON, #399289
v.

PLAINTIFF
CAUSE NO. 1:16CV420-LG-RHW

LARRY McCOOK

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING CASE
This cause comes before the Court on the Report and Recommendation of
United States Magistrate Judge Robert Walker entered in this cause on November
13, 2017. Magistrate Judge Walker reviewed the record and determined that
Jackson had failed to serve the only remaining defendant with process or maintain
a current address with the Court. The last three items mailed to Jackson by the
Court have been returned as undeliverable, including the Report and
Recommendation. (See ECF Nos. 32, 34, & 37).
Because Jackson has not objected to the Report and Recommendation, the
Court need only determine whether it is either clearly erroneous or contrary to law.
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). After review of this
matter, the Court finds that the Report and Recommendation is neither clearly
erroneous nor contrary to law. The Court has authority to dismiss this case for
Jackson’s failure to serve process or to comply with the Court’s orders to advise of
any change of address. Millan v. USAA Gen. Indem. Co., 546 F.3d 321, 325 (5th
Cir. 2008); Rice v. Doe, 306 F. App’x 144, 146 (5th Cir. 2009). The Report and
Recommendation will therefore be adopted as the opinion of this Court.

IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation of United States Magistrate Judge Robert Walker entered in this
cause on November 13, 2017 [35] should be, and the same hereby is, ADOPTED as
the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s claims are
DISMISSED WITHOUT PREJUDICE.
SO ORDERED AND ADJUDGED this the 5th day of January, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE