Boyd v. Ison et al

Filing 41

REPORT AND RECOMMENDATION: As of the date of the filing of this Report and Recommendation, Plaintiff has failed to comply with the Courts previous Order. Therefore, the undersigned recommends that this action be dismissed without prejudice. Signed by Magistrate Judge Jeffery S. Frensley on 12/28/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JAMES S. BOYD
Plaintiff(s)

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v.
COMMISSARY VENDOR
Defendant(s)

Case No. 3:15-1150
Judge Crenshaw/Frensley

REPORT AND RECOMMENDATION
The undersigned previously entered an Order on December 2, 2016 (Docket No. 35),
requiring Plaintiff to file with the Court a written statement informing the Clerk’s Office of his
current address. The Order required Plaintiff to file such explanation with ten (10) days of the
date of entry of that Order, and it also stated in pertinent part, “If Plaintiff fails to comply with
the provisions of this Order, the undersigned will recommend that this action be dismissed
without prejudice.”
As of the date of the filing of this Report and Recommendation, Plaintiff has failed
to comply with the Court’s previous Order. Therefore, 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
the 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. 111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

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JEFFERY S. FRENSLEY
United States Magistrate Judge