Raines v. Jackson et al

Filing 12

REPORT AND RECOMMENDATION: The Magistrate Judge recommends that this action be dismissed without prejudice. Signed by Magistrate Judge E. Clifton Knowles on 3/22/12. (xc:Pro se party by regular and certified mail.)(rd)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

SERZIO L. D. RAINES,
Plaintiff,

vs.

BARBARA JACKSON, et al.,
Defendants.

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CASE NO. 3:11-0458
JUDGE CAMPBELL/KNOWLES

REPORT AND RECOMMENDATION
On February 29, 2012, the undersigned entered an Order stating in part as follows:
Within twenty (20) days of the date of entry of this Order,
therefore, Plaintiff shall file a written statement showing good
cause for his failure to serve Defendant within 120 days after the
filing of the Complaint. If Plaintiff fails to comply with the
provisions of this Order, the undersigned will recommend that this
action be dismissed without prejudice.
Docket No. 9, p. 2.
As of the date of entry of the instant Order, Plaintiff has not filed the required written
statement.
Additionally, it appears that mail sent to the pro se Plaintiff from the Clerk’s Office has
been returned with the notation “Released.” Docket Nos. 7, 11. Plaintiff has not kept the Court
apprised of his current address.
For the foregoing reasons, the undersigned recommends that this action be dismissed
without prejudice.

Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14)
days after service of this Report and Recommendation in which to file any written objections to
this Recommendation with the District Court. Any party opposing said objections shall have
fourteen (14) days after service of any objections filed to this Report in which to file any
response to said objections. Failure to file specific objections within fourteen (14) days of
service of this Report and Recommendation can constitute a waiver of further appeal of this
Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985),
reh’g denied, 474 U.S. 1111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

E. Clifton Knowles
United States Magistrate Judge

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