Blackwell v. Jefferson Cnty. Cmty. Corr.

Full title: ALLEN EUGENE BLACKWELL, #168 540, Plaintiff, v. JEFFERSON COUNTY COMMUNITY…

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

Date published: Jan 9, 2015

CIVIL ACTION NO. 2:14-CV-1116-MHT [WO] (M.D. Ala. Jan. 9, 2015)

Opinion

CIVIL ACTION NO. 2:14-CV-1116-MHT [WO]

01-09-2015

ALLEN EUGENE BLACKWELL, #168 540, Plaintiff, v. JEFFERSON COUNTY COMMUNITY CORRECTIONS, Defendant.

WALLACE CAPEL, JR. UNITED STATES MAGISTRATE JUDGE

RECOMMENDATION OF THE MAGISTRATE JUDGE

On October 29, 2014, the court entered an order granting Plaintiff fourteen days to file an amended complaint. See Doc. No. 9. Plaintiff was cautioned that his failure to comply with the court's October 29 order would result in a Recommendation that his complaint be dismissed. Id. On November 19, 2014, the court granted Plaintiff seven days to show cause for failing to comply with the October 29 order. See Doc. No. 10. The requisite time has passed and Plaintiff has filed neither an amended complaint nor a response to the show cause order. Consequently, the court concludes that dismissal of this case is appropriate for Plaintiff's failures to prosecute this action and comply with the orders of the court.

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be DISMISSED without prejudice for Plaintiff's failures to prosecute this action and comply with the orders of this court.

It is further

ORDERED that the parties are DIRECTED to file any objections to the said Recommendation on or before January 23, 2015. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. Frivolous, conclusive, or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.

Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982); see Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc) (adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981).

Done this 9th day of January, 2015.

/s/ Wallace Capel, Jr.

WALLACE CAPEL, JR.

UNITED STATES MAGISTRATE JUDGE