Opinion
Civil Action 6:19-cv-24
06-27-2022
JOHN MCDOWELL, Plaintiff, v. DEPUTY WARDEN ROY ODOM; LT. RODNEY FOULKS; and SGT. MARCUS MIKELL, Defendants.
ORDER
J. RANDAL HALL, UNITED STATES DISTRICT COURT CHIEF JUDGE
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, doc. 35. Plaintiff did not file Objections to the Report and Recommendation. Additionally, the Court issued an Order contemporaneously with the Report and Recommendation directing Plaintiff to show cause why his cause of action should not be dismissed based on his failure to notify the Court of any change in address. Doc. 36. These mailings were returned to the Court as undeliverable to Plaintiff at his last provided address, with the notations: “RTS-Released, 10-15-2021” and “Return to Sender, Unable to Forward.” Doc. 37.
Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court, GRANTS Defendants' Motion for Partial Summary Judgment, and DISMISSES Plaintiffs excessive force claims against all Defendants and his failure to protect claim against Defendants Odum and Foulks. Plaintiffs failure to protect claim against Defendant Mikell would remain pending ordinarily, but Plaintiff failed to notify the Court of any change in address, as required under this Court's Local Rules and by this Court's Orders, and failed to show cause why his cause of action should not be dismised. Therefore, the Court DISMISSES without prejudice the remaining portion of Plaintiff s Complaint for failure to follow this Court's Orders and Local Rules, DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal, and DENIES Plaintiff leave to proceed in forma pauperis on appeal.
SO ORDERED.