Opinion
Civil Action 21-500-P
05-28-2021
GREGORY MANDEL RHODES v. LA DEPT. OF CORRECTIONS
HICKS, CHIEF JUDGE
REPORT AND RECOMMENDATION
MARK L. HORNSBY, U.S. MAGISTRATE JUDGE
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 by pro se plaintiff Gregory Mandel Rhodes (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on February 23, 2021. Plaintiff was incarcerated at the Bossier Medium Correctional Center in Plain Dealing, Louisiana when he filed this complaint. He names the Louisiana Department of Corrections as defendant.
The Clerk of Court issued a minute entry reassigning this case on April 5, 2021 [Doc. 5]. However, that minute entry was returned to this court on April 15, 2021, by the United States Postal Service marked “RETURNED TO SENDER -Released” [Doc. 6]. 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. 1982).
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.