McDougald v. Bear et al

Filing 9

ORDER adopting Report and Recommendation re 6 Report and Recommendation; the claims against defendants Walter Sammons, Susan Feltz, Larry Green and Director Gary Mohr be DISMISSED with prejudice. Signed by Judge Michael R. Barrett on 5/19/17. (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
Jerone McDougald,
Plaintiff,
v.

Case No. 1:17cv124

Shannon Bear, et al.,

Judge Michael R. Barrett

Defendants.
ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on April 20, 2017 (Doc. 6).
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 Plaintiff, it
was returned to the Court due to Plaintiff=s failure to apprise the Court of his change of
address (Doc. 7). By failing to keep the Court apprised of his current address, Plaintiff
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 (Doc. 6) have been filed.
Accordingly, it is ORDERED that the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the
Magistrate Judge, the claims against defendants Walter Sammons, Susan Feltz, Larry
Green and Director Gary Mohr be DISMISSED with prejudice pursuant to 28 U.S.C. '
1915(e)(2)(B) and 1915A(b)(1).
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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