McAdory v. Coahoma County Sheriff's Department

Full title: BERNARD McADORY PLAINTIFF v. COAHOMA COUNTY SHERIFF'S DEPARTMENT, ET AL…

Court: United States District Court, N.D. Mississippi, Delta Division

Date published: Feb 8, 2008

No. 2:07CV175-P-A (N.D. Miss. Feb. 8, 2008)

Opinion

No. 2:07CV175-P-A.

February 8, 2008

REPORT AND RECOMMENDATION

S. ALEXANDER, Magistrate Judge

On January 23, 2008, plaintiff Bernard McAdory, formerly held in the Coahoma County Jail, failed to appear for a hearing pursuant to Spears v. McCotter, 766 F.2d 179 (5^th Cir. 1985), to determine whether there exists a justiciable basis for his claim filed pursuant to 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this lawsuit.¹ As the plaintiff, who is now in the free world, failed to appear for the scheduled hearing, the instant case should be dismissed for failure to prosecute under FED. R. CIV. P. 41(b).

1 28 U.S.C. § 1915(g).

Handling of Objections, Acknowledgment of Receipt

The court refers the parties to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b) for the appropriate procedure in the event any party desires to file objections to these findings and recommendations. Objections are required to be in writing and must be filed within ten (10) days of this date, and "a party's failure to file written objections to the findings, conclusions, and recommendation in a magistrate judge's report and recommendation within 10 days after being served with a copy shall bar that party, except on grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. . . ." Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1428-29 (5^th Cir. 1996) ( en banc) (citations omitted); see also United States v. Carrillo-Morales, 27 F.3d 1054, 1061-62 (5^th Cir. 1994), cert. denied, 513 U.S. 1178, 115 S.Ct. 1163, 130 L. Ed. 1119 (1995).

The plaintiff is directed to acknowledge receipt of this report and recommendation by signing the enclosed acknowledgment form and returning it to the clerk of the court within ten (10) days of this date. The plaintiff is warned that failure to comply with the requirements of this paragraph may lead to dismissal of this lawsuit under Fed.R.Civ.P. 41(b) for failure to prosecute the claim and for failure to comply with an order of the court.