United States District Court, S.D. Alabama, Southern Division
REPORT AND RECOMMENDATION
F. BIVINS, UNITED STATES MAGISTRATE JUDGE.
action is before the Court on review. Plaintiff Brandon
Dechaun Bush filed the instant action seeking relief under 42
U.S.C. § 1983, along with motions to proceed without
prepayment of fees, while he was a pretrial detainee at the
Mobile County Jail. (Docs. 1, 2, 4, 5). The case was referred
to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) and S.D. Ala. GenLR 72(a)(2)(R) for
order dated July 12, 2018, the Court granted Bush's
motions and instructed him to “advise the Court
immediately of a change in address, e.g., when he is
transferred, released, etc.” (Doc. 6 at 3). Bush was
cautioned that failure to advise the Court of a change in his
address would result in dismissal of his action for failure
to prosecute and obey the Court's order. (Id.).
named “Officer C. Johnson” of the Mobile County
Jail as the sole defendant in this action. (Doc. 4). In
accordance with the Court's standing order dated February
1, 1994, the Clerk of Court sent a Notice of Lawsuit and
Request for Waiver of Service and Summons to “C.
JOHNSON” at the Mobile County Jail. (Doc. 13). The mail
was returned to the Clerk as undeliverable on August 15,
2018, with the following notation: “Need full name of
C. Johnson. Cannot identify.” (Doc. 14).
in an Order dated January 29, 2019, the Court advised Bush
that the Court needed Officer C. Johnson's full name,
including first name, in order to effect proper service on
said Defendant. (Doc. 20). Therefore, the Court ordered Bush
to provide the Court with the full name of Officer C.
Johnson, in writing, on or before February 19, 2019.
(Id.). On January 29, 2019, a copy of the
Court's order was mailed to Bush at the Mobile County
Jail, which is his address of record. (See Doc. 21 at 1). On
February 5, 2019, the mail was returned as undeliverable.
(Id.). The notation on the envelope states
“RETURN TO SENDER . . . NO LONGER HERE[.]”
(Id.). A search of the Mobile County Sheriff's
Office website confirms that Bush is no longer at the Mobile
County Jail. To date, Bush has not provided the Court with an
updated address. Because Bush is no longer detained at the
Mobile County Jail and has neglected to keep the Court
apprised of his current address, the Court has no means by
which to communicate with him and surmises that he has lost
interest in this action.
light of the above, and upon consideration of the
alternatives that are available to the Court, it is
recommended that this action be dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure, as no lesser sanction will suffice. See Link
v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)
(interpreting Rule 41(b) not to restrict the court's
inherent authority to dismiss sua sponte an action
for lack of prosecution); World Thrust Films, Inc. v.
Int'l Family Entm't, Inc., 41 F.3d 1454, 1456-57
(11th Cir. 1995); Mingo v. Sugar Cane Growers Co-op of
Fla., 864 F.2d 101, 102 (11th Cir. 1989); Goforth v.
Owens, 766 F.2d 1533, 1535 (11th Cir. 1985); Jones
v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983).
Accord Chambers v. NASCO, Inc., 501 U.S. 32 (1991)
(finding that federal courts' inherent power to manage
their own proceedings authorized the imposition of
attorney's fees and related expenses as a sanction);
Malautea v. Suzuki Motor Co., Ltd., 987 F.2d 1536,
1545-46 (11th Cir. 1993) (stating that the court's
inherent power to manage its affairs permitted the imposition
of fines), cert. denied, 510 U.S. 683 (1993).
OF RIGHT TO FILE OBJECTIONS
of this report and recommendation shall be served on all
parties in the manner provided by law. Any party who objects
to this recommendation or anything in it must, within
fourteen (14) days of the date of service of this document,
file specific written objections with the Clerk of this
Court. See 28 U.S.C. 636(b)(1); Fed.R.Civ.P. 72(b);
S.D. Ala. GenLR 72(c). The parties should note that under
Eleventh Circuit Rule 3-1, “[a] party failing to object
to a magistrate judge's findings or recommendations
contained in a report and recommendation in accordance with
the provisions of 28 U.S.C. § 636(b)(1) waives the right
to challenge on appeal the district court's order based
on unobjected-to factual and legal conclusions if the party
was informed of the time period for objecting and the
consequences on appeal for failing to object. In the absence
of a proper objection, however, the court may review on
appeal for plain error if necessary in the interests of
justice.” 11th Cir. R. 3-1. In order to be
specific, an ...