DeCourcy v. Hupp et al

Filing 10

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS. Signed by District Judge Michael F. Urbanski on 10/9/15. (kld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
GARLAND DECOURCY,

)
)
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) Civil Action No. 5:15cv00060
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)
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) By: Michael F. Urbanski
)
United States District Judge
)

Plaintiff,
v.
JUDGE DENNIS LEE HUPP, et al.,
Defendants.
ORDER

Pro se plaintiff Garland DeCourcy filed a 172-page motion for temporary restraining order
and preliminary injunction on November 13, 2014 in miscellaneous case number 5:14mc00047. See
ECF No. 2; see also Case No. 5:14mc00047, ECF No. 2. DeCourcy never filed any complaint
against defendants, nor proof of service, and failed to respond to the Show Cause Order issued by
the United States Magistrate Judge on March 11, 2015. See ECF No. 4; Case No. 5:14mc00047,
ECF No. 4.
On September 10, 2015, the court directed the Clerk to close miscellaneous case number
5:14mc00047 and open this matter as civil action number 5:15cv00060, and thereafter referred all
motions in this case to the magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). ECF No.
6. The magistrate judge issued a report on September 17, 2015, recommending this case be
dismissed for failure to prosecute. ECF No. 7. No objections to the report have been filed and the
court finds that it should be adopted in its entirety.1

1 The docket reflects that the court’s oral order directing the opening of this civil action (ECF No. 5) and order
referring this matter to the magistrate judge (ECF No. 6), as well as the magistrate judge’s report and recommendation
(ECF No. 7), were mailed to the plaintiff but were all returned as undeliverable with no forwarding address for plaintiff.
See ECF Nos. 8 & 9. It is the plaintiff’s obligation to keep a current address and telephone number on file in the clerk’s

As such, it is hereby ORDERED that the magistrate judge’s report and recommendation
(ECF No. 7) is ADOPTED and that this matter is DISMISSED without prejudice on account of
plaintiff’s failure to prosecute.
It is SO ORDERED.
The Clerk is directed to send a copy of this Order to the pro se plaintiff and to counsel of
record.
Entered: October 9, 2015

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge

office. W.D. Va. Civ. R. 11. The court notes that the Show Cause Order mailed to plaintiff at the same address on file
back in March 2015 was not returned.

2