Opinion
CIVIL ACTION NO.: 2:12-CV-910-WHA [WO]
07-20-2015
ALJAWON DAWYANE MILES, #12824-002, Plaintiff, v. DOMONIQUE WHITLEY, et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
This pro se 42 U.S.C. § 1983 action was filed by Plaintiff on October 17, 2012. At the time he filed this complaint, Plaintiff was incarcerated at the Coleman I U.S. Penitentiary in Coleman, Florida.
On December 17, 2012, the court entered an order of procedure directing Defendants to file an answer and written report to Plaintiff's complaint. The December 17 order also instructed Plaintiff to inform the court of any change in his address and cautioned him that his failure to comply with this requirement would result in a Recommendation that this case be dismissed. See Doc. No. 9, ¶6(h).
The court recently learned that Plaintiff is no longer incarcerated at Coleman I. This is the last known address the court has on file for Plaintiff. Consequently, the court entered an order on June 23, 2015, directing Plaintiff to provide the court with his present address on or before July 6, 2015. Doc. No. 24. Plaintiff was cautioned that his failure to comply with the court's June 23 order would result in a recommendation that this case be dismissed. Id. Plaintiff's has filed nothing in response to the court's June 23 order.
As it appears clear that Plaintiff is no longer residing at the most recent address he provided to the court and that he has not provided this court with a new address for service, the undersigned concludes that dismissal of the complaint is appropriate.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be DISMISSED without prejudice for Plaintiff's failures to prosecute this action properly and to 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 August 3, 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 20th day of July, 2015.
/s/ Wallace Capel, Jr.
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE