Booth v. Metro Government et al

Filing 62

REPORT AND RECOMMENDATION: For the reasons stated above, the undersigned recommends that this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge John S. Bryant on 8/2/2016. (xc:Pro se party address unknown.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JAMES M. BOOTH, JR.,
Plaintiff
v.
AMBER RUMSEY, et al.,
Defendants
TO:

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No. 3:15-0494
Judge Trauger/Bryant
Jury Demand

THE HONORABLE ALETA A. TRAUGER
REPORT AND RECOMMENDATION
It appears from the record that recent mailings to

Plaintiff Booth from the Clerk’s office have been returned as
undeliverable (Docket Entry Nos. 41, 42, 57 and 58). It thus
appears that Plaintiff Booth has failed to keep the Clerk’s office
informed

of

his

current

address.

The

Court

previously

has

admonished Plaintiff that he is required to keep the Court and the
opposing party informed of his current address, and that his
failure to do so may result in a recommendation that this action be
dismissed for his failure to prosecute and failure to comply with
the Court’s order (Docket Entry No. 15 at 2).
On July 18, 2016, the undersigned Magistrate Judge issued
an order requiring Plaintiff Booth to show cause by August 1, 2016,
why this case should not be dismissed for his failure to prosecute
and to keep the Court and other parties informed of his current
address. This order further admonished Plaintiff that his failure
to respond may cause the undersigned to recommend that this action
be dismissed (Docket Entry No. 59).

Plaintiff Booth has failed to respond to this order, and
the Clerk’s mailing of this order to Plaintiff at his address of
record has been returned by the post office marked “Return to
Sender – Attempted – Not Known – Unable to Forward.” This envelope
also

bears

the

handwritten

word

“Out”

which

the

undersigned

construes as a statement that Plaintiff Booth has been released
from custody.
From the foregoing, the undersigned Magistrate Judge
finds that this case should be dismissed pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure for Plaintiff’s failure to
prosecute and to comply with orders of the Court requiring him to
keep the Court and the adverse party informed of his current
address, and that all pending motions should be denied as moot.
RECOMMENDATION
For the reasons stated above, the undersigned recommends
that this action be dismissed pursuant to Rule 41(b) of the Federal
Rules of Civil Procedure.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

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 14 days from receipt of any objections filed
in this Report in which to file any responses to said objections.
Failure to file specific objections within 14 days of receipt of
this Report and Recommendation can constitute a waiver of further
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appeal of this Recommendation. 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).
ENTER this 2nd day of August, 2016.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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