Opinion
CIVIL ACTION NO. l:12-CV-545
09-04-2012
JUDGE James T. Trimble
MAGISTRATE JUDGE KIRK
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge filed previously herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
Additionally, the Court notes the copy of the report and recommendation mailed July 02, 2012 to Mr. Fontenot's last known address was returned to the Clerk of Court on July 13, 2012, marked "return to sender". More than thirty days have passed since July 13, 2012, but no correction to Plaintiff's address has been received by the Court. Therefore, dismissal for failure to prosecute under Local Rule 41.3W and Rule 41(b) of the Federal Rules of Civil Procedure is also appropriate. Accordingly,
IT IS ORDERED that Plaintiff's civil rights complaint be DISMISSED WITH PREJUDICE as frivolous and failing to state a claim for which relief can be granted pursuant to 28 U.S.C. §1915(e)(2)(B).
The Clerk of Court is instructed to send a copy of this Judgment to the keeper of the three strikes list in Beaumont, Texas.
THUS DONE AND SIGNED, at Alexandria, Louisiana, on this 4th day of September , 2012.
______________________
JAMES T. TRIMBLE
UNITED STATES DISTRICT JUDGE