Burnam v. Fisher

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS - This Court adopts the Report and Recommendation findings and conclusions as its own and dismisses this case without prejudice. A separate Final Judgment will issue this day. Signed by District Judge Carlton W. Reeves on 6/7/2016 (ND)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
KENNETH BURNAM, 05375-000
V.

PETITIONER
CAUSE NO. 3:14-CV-552-CWR-LRA

BONITA MOSELY, WARDEN

RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation of the Magistrate
Judge. Docket No. 13. The Court did not receive any objections from the petitioner, but the
petitioner’s copy of the Report and Recommendation was returned as undeliverable. Docket No.
14. A copy of the Report and Recommendation was sent to petitioner’s last known address.
Petitioner has not updated his address or otherwise communicated with the Court since July
2014. He was released from the Bureau of Prisons on June 3, 2015. Docket No. 13, at 2.
The petitioner was still obligated to keep the Court informed of his current address, even
after he was released. The petitioner’s inaction indicates he is no longer interested in pursuing his
claims. Pursuant to Federal Rule of Civil Procedure 41(b), the Court has the authority to dismiss
a case for plaintiff’s failure to prosecute. The Court must be able to clear its calendars of cases
that remain dormant because of the inaction or dilatoriness of the parties seeking relief, so as to
achieve the orderly and expeditious disposition of cases. Link v. Wabash Railroad, 370 U.S. 626,
630 (1962).
Accordingly, this Court adopts the Report and Recommendation findings and conclusions
as its own and dismisses this case without prejudice. A separate Final Judgment will issue this
day.

SO ORDERED, this the 7th day of June, 2016.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

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