Summary
dismissing without prejudice a § 1983 action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure where the plaintiff did not notify the court of his new address upon his release from jail
Summary of this case from Morrison v. MillerOpinion
CIVIL ACTION NO. 07-7738, SECTION "C"(4).
October 22, 2008
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that the Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) for Failure to Exhaust Administrative Remedies (Rec. Doc. No. 13) filed by the defendants, Sergeant David Moak, Captain Jeff Williams, and Lieutenant Wade Rigdon, is DISMISSED as moot.
IT IS FURTHER ORDERED that Darrell Mack Walker's Title 42 U.S.C. § 1983 complaint against the defendants, Sergeant David Moak, Sergeant Laramie King, Lieutenant Wade Rigdon, and Captain JeffWilliams, is DISMISSED WITHPREJUDICE for failure to prosecute under Fed.R.Civ.P. 41(b).