Summary
affirming report and recommendation that dismissed pro se plaintiff's complaint without prejudice for failure to prosecute and found defendants' motion to dismiss moot
Summary of this case from Farmer v. ParkerOpinion
Case No. 11-14154
05-31-2012
Fernando Ortiz, Plaintiff, v. Tim Donnellon, et al., Defendants.
Honorable Sean F. Cox
ORDER
ADOPTING REPORT AND RECOMMENDATION
Acting pro se, Plaintiff this action on September 22, 2011. Although this Court issued Plaintiff a notice advising that this action may be dismissed if he fails to notify the Court of any changes of his mailing address (Docket Entry No. 6), Plaintiff has had no contact with the Court since filing his complaint. In a Report and Recommendation ("R&R") issued on April 18, 2012, Magistrate Judge Hluchaniuk recommended that this Court: 1) dismiss Plaintiff's complaint without prejudice for failure to prosecute; and 2) deny as moot Defendants' Motion to Dismiss. (Docket Entry No. 13). No objections to the R&R have been filed by any party and the time for doing so has passed.
The Court hereby ADOPTS the April 18, 2012 R&R and ORDERS that this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute.
IT IS FURTHER ORDERED that Defendants' Motion to Dismiss is DENIED AS MOOT.
IT IS SO ORDERED.
____________________________
Sean F. Cox
U. S. District Court Judge
I hereby certify that on May 31, 2012, the foregoing document was served upon counsel of record by electronic means and upon Fernando Ortiz by First Class Mail at the address below:
Fernando Ortiz
113828
St. Clair County Jail
1170 Michigan Road
Port Huron, MI 48060
J Hernandez
Case Manager