Opinion
3:21cv402/MCR/EMT
03-26-2021
PATRICK ANTHONY RIBBING and ANTHONY LEE LINER, Plaintiffs, v. DEPARTMENT OF DEFENSE, et al., Defendants.
REPORT AND RECOMMENDATION
ELIZABETH M. TIMOTHY CHIEF UNITED STATES MAGISTRATE JUDGE
Plaintiff Patrick Ribbing, proceeding pro se, filed a complaint listing himself and another individual, Anthony Lee Liner, as plaintiffs in an action under 42 U.S.C. § 1983 (ECF No. 1 at 1). Ribbing is the only plaintiff who signed the complaint and the only plaintiff for whom an address was provided (id. at 7).
On March 8, 2021, the day the complaint was filed, the clerk of court mailed Ribbing a Notice to Pro Se Litigant at the address indicated on the complaint (see ECF No. 3). The mail was returned as undeliverable, with a notation the property was vacant and the postal service was unable to forward the mail (see ECF No. 4). Ribbing has not contacted the court or provided a current mailing address. Based on the court’s inability to contact Plaintiff(s), the issuance of any further order would be futile.
Page 2 of 2 Accordingly, it is respectfully RECOMMENDED:
1. That this matter be DISMISSED without prejudice for Plaintiffs’ failure to keep the court apprised of their current mailing addresses.
2. That the clerk be directed to close the file.
At Pensacola, Florida, this 26th day of March 2021.
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of its objections upon all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.