Opinion
Case No. 2:05-CV-1211-WKW [WO].
February 14, 2006
RECOMMENDATION OF THE MAGISTRATE JUDGE
Blake Turman initiated this 42 U.S.C. § 1983 cause of action challenging actions taken against him during his arrest in July of 2003. The court recently ascertained that Turman no longer resided at the last address he had provided for service. In light of the foregoing, the court entered an order requiring that on or before February 9, 2006 Turman inform the court of his present address. See Order of January 30, 2006 — Court Doc. No. 18. The court specifically cautioned Turman that his failure to comply with the directives of this order would result in a recommendation that this case be dismissed. Id. Turman has filed nothing in response to the January 30, 2006 order. The court therefore concludes that this case is due to be dismissed.
CONCLUSION
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be dismissed without prejudice for failure of the plaintiff to prosecute this action. It is further
ORDERED that on or before February 27, 2006 the parties may file objections to the Recommendation. 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 advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings in the Recommendation 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.