Howard v. Jenike et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Signed by Judge Brian Morris on 5/14/2018. Mailed to Howard at Marion (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

DOMENICK JAMES HOWARD,
CV-17-88-GF-BMM-JTJ
Petitioner,

v.

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

MICHELLE JENIKE, LYODD DOPP,
BRIAN FISHER, and CHAD
LAWRENCE,

Defendants.

United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on April 9, 2018. (Doc. 9.) No party filed
objections.
Given that no objections were filed, the Court has reviewed Judge
Johnston’s Findings and Recommendations for clear error. McDonnell Douglas
Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The
Court finds no error in Judge Johnston’s Findings and Recommendations, and
adopts them in full.
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I.BACKGROUND
Plaintiff Domenick Howard (“Howard”) filed a Complaint on August 8,
2017. (Doc. 2.) Judge Johnston issued an Order on February 8, 2018, finding that
Howard’s Complaint failed to state a claim upon which relief could be granted.
(Doc. 8.) Judge Johnston’s Order provided Howard an opportunity to file an
amended complaint on or before March 2, 2018. Id.
Judge Johnston’s Order noted additionally that the Federal Bureau of Prisons
website reflected that Howard was incarcerated at the United States Penitentiary in
Marion, Illinois as of February 8, 2018. (Doc. 8 at 2.) Howard had failed to update
his address with the Court. Id. Judge Johnston advised Howard that failure to file a
notice of change of address on or before March 9, 2018, would lead Judge
Johnston to recommend this matter for dismissal pursuant to Local Rule 5.2. Id.
Judge Johnston ordered the Clerk to serve Howard at USP Marion. Id.
Howard failed to file an amended complaint. Howard failed to file a notice
of change of address.
II.DISCUSSION
Judge Johnston recommends dismissal without prejudice for Howard’s
failure to notify the Court of his change of address. (Doc. 9 at 2.)
This District’s Local Rule 5.2(b) provides that the Court may dismiss a
complaint without prejudice when a document has: (1) been returned as
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undeliverable, and (2) the Court does not receive within 60 days of the return a
written communication updating the party’s address for service.
Nothing in the record indicates that Mr. Howard has filed a written notice
informing the Court of his change of address.
III.ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 9) is ADOPTED IN FULL. Howard’s Complaint is
DISMISSED WITHOUT PREJUDICE pursuant to L.R. 5.2(b).
DATED this 14th day of May, 2018.

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