Ali v. Lynch

Filing 12

ORDER adopting Report and Recommendation re 10 Report and Recommendation dismissing 1 Petition. Signed by Judge Michael R. Barrett on 5/17/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Mohammad Hassan Ali,
Petitioner,
v.

Case No. 1:16cv1182

Loretta E. Lynch, et al.,

Judge Michael R. Barrett

Respondents.
ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on April 27, 2017 (Doc. 10).
Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file objections
to the Report and Recommendation in a timely manner. United States v. Walters, 638
F.2d 947 (6th Cir. 1981).
The Court notes, however, that though such notice was served upon Petitioner, it
was returned to the Court due to Petitioner=s failure to apprise the Court of his change of
address (Doc. 11). By failing to keep the Court apprised of his current address,
Petitioner demonstrates a lack of prosecution of his action. See, e.g., Theede v. United
States Department of Labor, 172 F.3d 1262, 1265 (10th Cir. 1999)(Failure to object to a
Magistrate Judge=s Report and Recommendation due to delay resulting from party=s
failure to bring to the court=s attention a change in address constitutes failure to object in
a timely manner. Because the Recommendation was mailed to the last known address, it
was properly served, and party waived right to appellate review). See also Jourdan v.

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Jabe, 951 F.2d 108, 109 (6th Cir. 1991)(A pro se litigant has an affirmative duty to
diligently pursue the prosecution of his cause of action); Barber v. Runyon, No. 93-6318,
1994 WL 163765, at *1 (6th Cir. May 2, 1994) (A pro se litigant has a duty to supply the
court with notice of any and all changes in his address). No objections to the Magistrate
Judge=s Report and Recommendation have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 11) of
the Magistrate Judge is hereby ADOPTED. The Petitioner’s Petition (Doc. 1) for writ of
habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED without prejudice consistent
with the recommendation by the Magistrate Judge.
Any request for certificate of appealability or request to certify an appeal would not
be taken in good faith and would be denied.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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