Opinion
Civ. 21-14577 (RMB/SAK)
12-14-2023
FRED THOMAS, Jr., Plaintiff v. S.C.O. L. BYRD, et al., Defendants
ORDER
RENEE MARIE BUMB UNITED STATES DISTRICT JUDGE.
This matter comes before the Court upon the Report and Recommendation (Dkt. No. 73) submitted by the Honorable Sharon A. King, U.S.M.J., pursuant to 28 U.S.C. § 636(b)(1)(B) and (C); and the parties having been notified that they had fourteen (14) days from receipt of the Report and Recommendation to file and serve objections pursuant to L. C IV. R. 72.1(c)(2), and no objections having been received;and the Court finding that the Report and Recommendation is neither clearly erroneous, nor contrary to law; and for good cause shown, IT IS on this 14th day of December 2023, hereby
Plaintiff submitted a letter (Dkt. No. 75) to the Court on November 21, 2023, seven days after the Report and Recommendation (“R&R”) was filed on the docket and served on Plaintiff by mail. Plaintiff's letter does not in any manner refer to the R&R. In fact, Plaintiff stated his intention to file his case in another court. Furthermore, the R&R was mailed to Plaintiff at several different known addresses. The last mailing of the R&R to Plaintiff on November 27, 2023, was sent to the address provided on Plaintiff's letter of November 21, 2023, and the mail was not returned to the Court as undeliverable.
ORDERED that the Report and Recommendation (Dkt. No. 73) is ADOPTED; and it is further
ORDERED that Plaintiff's complaint is DISMISSED WITH PREJUDICE; and it is further
ORDERED that the Clerk shall serve a copy of this Order on Plaintiff by regular U.S. Mail, and shall close this matter.