Carroll et al v. Fentress Co Sheriff Depart. et al

Filing 260

ORDER: In this case brought by two former inmates of the Fentress County Jail, the Magistrate Judge has entered a Report and Recommendation. The Court hereby rules as follows: (1) The Report and Recommendation (Docket Entry No. 162 ) is hereby AC CEPTED and APPROVED; (2) Defendant Laurel Wasik's Motion to Dismiss Claims by Plaintiff Carroll (Docket Entry No. 118 ) is hereby GRANTED; and (3) Plaintiff Joshua Lee Carrolls Complaint is hereby DISMISSED WITH PREJUDICE. The Clerk is direc ted to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. Signed by District Judge Kevin H. Sharp on 7/30/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
JOSHUA LEE CARROLL and
WILLIAM CARTER KING,
Plaintiffs,
v.
LAUREL WASIK, et al.,
Defendants.

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No. 2:11-cv-0019
Judge Sharp
Magistrate Judge Bryant

ORDER
In this case brought by two former inmates of the Fentress County Jail1, the Magistrate
Judge has entered a Report and Recommendation (“R & R”) (Docket Entry No. 162),
recommending that Defendant Laurel Wasik’s Motion to Dismiss Claims by Plaintiff Carroll
(Docket Entry No. 118) be granted and Plaintiff Joshua Lee Carroll’s Complaint should be
dismissed. Plaintiff Carroll filed no response in opposition.
The R & R provides, in part,
. . . the record includes numerous mailings to plaintiff Carroll that have been
returned by the Post Office marked “not deliverable as addressed – unable to
forward.”
Both plaintiffs were forewarned by the Court that their failure to keep the Clerk’s
Office informed of their current address would jeopardize their prosecution of this
action (Docket Entry No. 4 at 2-3). Despite this admonition, it appears from this
record that plaintiff Carroll has failed to inform the Clerk of his current address
and has otherwise failed to prosecute this action
(Docket Entry No. 162 at 1). No objections were made to the R & R.

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Plaintiff William Carter King is currently an inmate of the Whiteville Correctional Facility. See (Docket
Entry No. 86). Plaintiff Joshua Lee Carroll is no longer located at the Fentress County Jail. See (Docket
Entry Nos. 256 and 257, Notice and Rogers Declaration). Since Plaintiff Carroll has failed to notify the
Court of his current address, his whereabouts are unknown.
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Where no objections are made to the R & R, “[t]he district judge may accept, reject, or
modify the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions.” Fed. R. Civ. P. 72(b). Having thoroughly reviewed the
record in this case and the applicable law in accordance with Rule 72(b), the Court will accept
the R & R.
Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 162) is hereby ACCEPTED and
APPROVED;
(2) Defendant Laurel Wasik’s Motion to Dismiss Claims by Plaintiff Carroll (Docket
Entry No. 118) is hereby GRANTED; and
(3) Plaintiff Joshua Lee Carroll’s Complaint is hereby DISMISSED WITH PREJUDICE.
The Clerk is directed to enter Judgment in a separate document in accordance with
Federal Rule of Civil Procedure 58.
It is SO ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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