Opinion
NO. 5:07-CV-68 (HL).
November 20, 2007
PROCEEDINGS UNDER 42 U.S.C. § 1983 BEFORE THE U. S. MAGISTRATE JUDGE
RECOMMENDATION
On November 6, 2007, the undersigned issued an ORDER directing plaintiff J. T. BIRSTON to SHOW CAUSE why his case should not be dismissed for failure to diligently prosecute his case, specifically citing the plaintiff's failure to advise the court of any changes in his address. Tab #22. On November 19, 2007, the court's November 6th Order was returned as undeliverable. Tab #23.
Accordingly, IT IS RECOMMENDED that the above-styled case be DISMISSED with prejudice because of plaintiff's failure to prosecute the action and failure to comply with a court order. Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this RECOMMENDATION with the district judge to whom this case is assigned WITHIN TEN (10) DAYS after being served with a copy thereof. The Clerk is directed to forward this order to the LAST ADDRESS provided by plaintiff.
SO RECOMMENDED.