WINSTON v. SCOTLAND CORRECTIONAL

Filing 5

ORDER signed by JUDGE LORETTA C. BIGGS on 09/18/2017 affirming and adopting the Magistrate Judge's Recommendation, that this action is DISMISSED sua sponte without prejudice to Plaintiff filing a new complaint, on the proper forms, which corrects the defects cited in the Order and Recommendation. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
FREDRICK WINSTON,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
SCOTLAND CORRECTIONAL,
Defendant.

1:17CV422

ORDER
On

June

23,

2017,

the

United

States

Magistrate

Judge=s

Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. ' 636.

No objections were filed within the

time limit prescribed by Section 636.

Therefore, the Court need

not make a de novo review, and the United States Magistrate Judge=s
Recommendation (ECF No. 2), is hereby affirmed and adopted.1

The Court notes that the envelope containing the
Recommendation was sent to Plaintiff at the address he provided at
Scotland Correctional Institution, but was returned to the Court
by the Postal Service with a notation that Plaintiff had been
released from custody. However, Plaintiff failed to notify the
Court or provide any updated address or contact information as
required by Local Rule 11.1(b).
Therefore, no further mailing
could be made. In the circumstances, the Complaint is also subject
to dismissal for failure to prosecute. See L.R. 11.1(b) (AA party
appearing pro se shall keep the Court and opposing parties advised
as to his or her current address. If mail directed to a pro se
plaintiff from the Clerk is returned by the U.S. Postal Service,
and if such plaintiff fails to notify the Court and opposing
parties within sixty-three (63) days thereafter of a current
address, the Court may dismiss the action without prejudice for
failure to prosecute.@).
1

IT IS THEREFORE ORDERED that this action is DISMISSED sua
sponte without prejudice to Plaintiff filing a new complaint, on
the proper forms, which corrects the defects cited in the Order
and Recommendation.
This, the 18th day of September, 2017.

/s/ Loretta C. Biggs
United States District Judge

2