Sweeting v. Noble Correctional Institution et al

Filing 42

ORDER adopting Report and Recommendations re 40 Report and Recommendations.. Signed by Judge James L Graham on 8/19/2015. (ds)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Deion L. Sweeting,
Plaintiff,
v.

Case NO. 2:13-cv-941

Noble Correctional Institution,
et al.,
Defendants.
ORDER
Plaintiff, a former state inmate, brought the instant action
under 42 U.S.C. §1983, against the Noble Correctional Institution
and ten individual defendants.

On April 24, 2014, this action was

dismissed due to plaintiff’s failure to effect service.

The last

document filed by plaintiff in this case was his notice of appeal
filed on May 6, 2014.

On September 24, 2014, mail addressed to

plaintiff at the institution was returned to the clerk of courts,
indicating that plaintiff had been released on May 16, 2014.
Plaintiff did not provide this court with his current address.
By mandate filed on June 29, 2015, the Sixth Circuit Court of
Appeals reversed the judgment and remanded the case for further
proceedings.

On July 16, 2015, the magistrate judge issued a show

cause order directing plaintiff to indicate by July 29, 2015,
whether he intended to pursue the instant action.

The magistrate

judge

to

directed

the

clerk

to

send

this

order

the

Noble

Correctional Institution and to a street address for plaintiff in
Cincinnati, Ohio, which was found on the docket of plaintiff’s case
in the court of appeals.

The letter addressed to plaintiff at the

Noble Correctional Institution was returned undelivered to the

court on July 29, 2014, but the letter addressed to plaintiff in
Cincinnati was not returned.

On July 30, 2015, the magistrate

judge issued a report and recommendation recommending that this
action be dismissed for failure to prosecute. Although the copy of
the report and recommendation mailed to the Noble Correctional
Institution was returned undelivered to the court, the copy of the
report and recommendation mailed to the Cincinnati address was not
returned.
The report and recommendation specifically advised plaintiff
that objections to the report and recommendation were due within
fourteen days, and that the failure to object to the report and
recommendation “will result in a waiver of the right to de novo
review by the District Judge and of the right to appeal the
decision of the District Court[.]”

Doc. 40, p. 2.

The time period

for filing objections to the report and recommendation has expired,
and no objections to the report and recommendation have been filed.
Accordingly, the court adopts the report and recommendation
(Doc. 40).

This action is hereby dismissed without prejudice for

failure to prosecute.

Date: August 19, 2015

s/James L. Graham
James L. Graham
United States District Judge

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