Harless v. Warden Ross Correctional Institution

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. DENYING Petitioner's Motion to Appoint Counsel and GRANTING Respondent's Motion to Dismiss. Signed by Judge Algenon L. Marbley on 12/20/2016. (cw)(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
WARREN HARLESS,
CASE NO. 2:16-CV-00196
JUDGE ALGENON L. MARBLEY
Magistrate Judge Elizabeth P. Deavers

Petitioner,
v.
WARDEN, ROSS
CORRECTIONAL INSTITUTION,
Respondent.

OPINION AND ORDER
On November 8, 2016, the Magistrate Judge issued an Order and Report and
Recommendation denying Petitioner’s Motion to Appoint Counsel (ECF No. 2) and
recommending that Respondent’s Motion to Dismiss (ECF No. 10) be granted and that this
action be dismissed. (ECF No. 12.) Although the parties were advised of the right to object to
the Magistrate Judge’s Order and Report and Recommendation, and of the consequences of
failing to do so, no objections have been filed. The docket indicates that notice of the Magistrate
Judge’s Order and Report and Recommendation was returned as undeliverable, with no
forwarding address. Petitioner, however, has an affirmative duty to update the Court with his
current address. See Barber v. Runyon, No. 93-6318, 1994 WL 163765, at *1 (6th Cir. May 2,
1994) (“If [pro se party’s] address changed, she had an affirmative duty to supply the court with
notice of any and all changes in her address.”); Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir.
1991) (“[W]hile pro se litigants may be entitled to some latitude when dealing with sophisticated
legal issues . . . there is no cause for extending this margin to straightforward procedural
requirements that a layperson can comprehend.”)

The Order and Report and Recommendation (ECF No. 12) is ADOPTED and
AFFIRMED. Petitioner’s Motion to Appoint Counsel (ECF No. 2) is DENIED. Respondent’s
Motion to Dismiss (ECF No. 10) is GRANTED. This action is hereby DISMISSED.
IT IS SO ORDERED.

DATED: December 20, 2016

s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Judge