Opinion
Case No.: 3:05cv86/RV/EMT.
February 2, 2006
REPORT AND RECOMMENDATION
This cause is before the court upon referral from the clerk. Plaintiff commenced this action by filing a civil rights complaint under 42 U.S.C. § 1983 (Doc. 1). On November 23, 2005, this court entered an order (Doc. 7) giving Plaintiff thirty (30) days in which to file an amended complaint. Plaintiff failed to respond to the order, therefore, on January 10, 2006, the court issued an order requiring Plaintiff to show cause, within twenty (20) days, why this action should not be dismissed for failure to comply with an order of the court (Doc. 11). The time for compliance with the show cause order has now elapsed with no response from Plaintiff. Accordingly, it is respectfully RECOMMENDED:
The order to amend (Doc. 7) and order to show cause (Doc. 11) were returned to this court as undeliverable. Plaintiff has apparently been released from custody, but has failed to provide this court with an accurate mailing address.
That this case be DISMISSED WITHOUT PREJUDICE for Plaintiff's failure to comply with an order of the court.