Opinion
Case No. 3:06CV079.
June 22, 2006
REPORT AND RECOMMENDATION
Attached hereto is a NOTICE to the parties regarding objections to this Report and Recommendations.
On March 22, 2006, Plaintiff filed a pro se Complaint concerning certain events that occurred during his incarceration at the Miami County Jail. The Court granted Plaintiff's application to proceed in forma pauperis and conducted an initial review of Plaintiff's Complaint, finding it to be not frivolous. (Doc. #6). Consequently, the Court directed the Clerk of Court to effect service and directed Plaintiff to keep the Clerk apprised of any change of address he has during the pendency of this case. (Doc. #6).
On May 4, 2006, Plaintiff notified the Clerk of his new address and the record was updated. (Doc. #9).
After Defendants filed their Answers, the Court issued a Preliminary Pretrial Conference Order instructing the parties to file a Rule 26(f) Report by July 21, 2006. (Doc. #13). Although the Clerk twice attempted to serve a copy of this Order on Plaintiff, each attempt was returned as undeliverable. (Doc. #s 14, 15).
In the absence of a current address for Plaintiff, the Clerk, and hence the Court, has no method to serve Plaintiff with copies of its Orders. Given that Plaintiff's new address is no longer valid, he has effectively absented himself from this case and has effectively prevented the Clerk from contacting him or serving him with copies of the Court's Orders. Under these circumstances, Plaintiff's Complaint is subject to dismissal without prejudice pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. See Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962); see also Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991); Harris v. Callwood, 844 F.2d 1254, 1256 (6th Cir. 1988).
IT IS THEREFORE RECOMMENDED THAT:
Plaintiff's Complaint be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b).