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Pearce v. Black

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Jul 9, 2015
CIVIL ACTION NO. 13-476-P (W.D. La. Jul. 9, 2015)

Opinion

CIVIL ACTION NO. 13-476-P

07-09-2015

DAVID PEARCE v. QUINTON BLACK, ET AL.


JUDGE WALTER

REPORT AND RECOMMENDATION

In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

STATEMENT OF CLAIM

Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff David Pearce ("Plaintiff"), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on May 5, 2013. Plaintiff claims his civil rights were violated by prison officials while incarcerated at the Bossier Parish Medium Security Facility in Plain Dealing, Louisiana. He names Quinton Black, Nathan Edie, Shay Carter, Julian Whittington, Casey Fradella, Mark Causey, Rodney Boyer, and Robert Williams as defendants.

On April 6, 2015, this court ordered Plaintiff to file, within 30 days of the service of the order, an amended complaint. However, that order was returned to this court on April 15, 2015 by the United States Postal Service marked "RTS - Not Here." To date, Plaintiff has not informed this court of his new address.

Accordingly;

IT IS RECOMMENDED that this complaint be DISMISSED WITHOUT PREJUDICE, sua sponte, for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure as interpreted by the court and under the court's inherent power to control its own docket. See Link v. Wabash Railroad Company, 370 U.S. 626, 82 S.Ct. 1386 (1962); Rogers v. Kroger Company, 669 F.2d 317, 320-321 (5th Cir. 1983).

OBJECTIONS

Under the provisions of 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), parties aggrieved by this recommendation have fourteen (14) days from service of this Report and Recommendation to file specific, written objections with the Clerk of Court, unless an extension of time is granted under Fed. R. Civ. P. 6(b). A party may respond to another party's objections within fourteen (14) days after being served with a copy thereof. Counsel are directed to furnish a courtesy copy of any objections or responses to the District Judge at the time of filing.

A party's failure to file written objections to the proposed findings, conclusions and recommendation set forth above, within fourteen (14) days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the proposed factual findings and legal conclusions that were accepted by the district court and that were not objected to by the aforementioned party. See Douglas v. U.S.A.A., 79 F.3d 1415 (5th Cir. 1996) (en banc).

THUS DONE AND SIGNED, in chambers, at Shreveport, Louisiana, on this 9th day of July 2015.

/s/ _________

Mark L. Hornsby

U.S. Magistrate Judge


Summaries of

Pearce v. Black

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Jul 9, 2015
CIVIL ACTION NO. 13-476-P (W.D. La. Jul. 9, 2015)
Case details for

Pearce v. Black

Case Details

Full title:DAVID PEARCE v. QUINTON BLACK, ET AL.

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

Date published: Jul 9, 2015

Citations

CIVIL ACTION NO. 13-476-P (W.D. La. Jul. 9, 2015)