Perrette v. Jackson County ADC et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 23 Report and Recommendations. Plaintiff's claims are dismissed without prejudice pursuant to Fed.R.Civ.P.41(b) for failure to obey the order of the Court. Signed by District Judge Louis Guirola, Jr on 3/30/18 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JAMES MONROE PERRETTE
v.

PLAINTIFF
CAUSE NO. 1:17CV102-LG-RHW

UNKNOWN SPLICER, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING CASE FOR FAILURE TO PROSECUTE
This cause comes before the Court on the Report and Recommendation [23] of
United States Magistrate Judge Robert H. Walker entered in this cause on
February 27, 2018. According to Magistrate Judge Walker’s review of the
procedural history of this case, the plaintiff failed to appear at a duly noticed
Spears/Omnibus hearing after being released from custody. The plaintiff has not
notified the Court of his change in address, and he was warned that his failure to
keep his address current or to respond to orders would result in dismissal of his
claims. Magistrate Judge Walker now recommends that this case be dismissed for
the plaintiff’s failure to comply with the order of the Court to appear at the
Spears/Omnibus hearing on February 27, 2018. The copy of the Report and
Recommendation mailed to the plaintiff by certified mail was returned as
undeliverable. (ECF No. 24).
Because the plaintiff has not objected to Magistrate Judge Walker’s
recommendation that this case be dismissed, the Court need only review the Report
and Recommendation and determine whether it is either clearly erroneous or
contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). After

having reviewed the Report and Recommendation and the record in this case, the
Court finds that the Magistrate Judge’s conclusion is neither clearly erroneous nor
contrary to law. Accordingly, it will be adopted by this Court, and plaintiff’s case
dismissed.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation [23] of United States Magistrate Judge Robert H. Walker entered
in this cause on February 27, 2018, should be, and the same hereby is, adopted as
the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff’s claims
are DISMISSED without prejudice pursuant to FED. R. CIV. P. 41(b) for failure to
obey the order of the Court.
SO ORDERED AND ADJUDGED this the 30th day of March, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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