Opinion
CIVIL ACTION NO. 3:12-cv-1326
06-20-2013
HUBERT WILLIAMS LA. DOC #313237 v. MOREHOUSE PARISH DETENTION CENTER, ET AL.
JUDGE ROBERT G. JAMES
MAGISTRATE JUDGE KAREN L. HAYES
RULING
Pending before the Court is a civil rights Complaint filed by Plaintiff Hubert Williams ("Williams"). On May 9, 2013, Magistrate Judge Karen L. Hayes issued a Report and Recommendation [Doc. No. 15] in which she recommended that the Court dismiss Williams' Complaint with prejudice for failure to state a claim for relief. A copy of the Report and Recommendation was forwarded to Williams at his last known place of confinement, Winn Correctional Center. However, on May 16, 2013, the copy was returned as undeliverable with the notation "Returned to Sender." [Doc. No. 16].
Local Rule 41.3 W, in pertinent part, provides:
The failure of an attorney or pro se litigant to keep the Court apprised of an address change may be considered cause for dismissal for failure to prosecute when a notice is returned to the Court for the reason of an incorrect address and no correction is made to the address for a period of 30 days.
In the present case, the copy of the Magistrate Judge's Report and Recommendation was returned to the Clerk of Court as undeliverable on May 16, 2013. Williams failed to advise the Court of his new address by June 17, 2013. The 30-day period within which Williams was required to notify the Court of his new address has expired. Accordingly, the Court finds that Williams has failed to prosecute his case. Therefore, the Court will dismiss Williams' civil rights Complaint without prejudice for failure to prosecute.
If Williams timely moves to re-open his case, the Court will consider the substantive claims, as addressed by the Report and Recommendation, at that time.
MONROE, LOUISIANA, this 20 day of June, 2013.
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ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE