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Brito v. Dalton

United States District Court, M.D. Tennessee, Nashville Division

August 4, 2014

JUAN BRITO, JR., Plaintiff,
v.
F/N/U DALTON, Corrections Officer, et al., Defendants.

REPORT AND RECOMMENDATION

JOHN S. BRYANT, Magistrate Judge.

TO: THE HONORABLE ALETA A. TRAUGER

It appears from the record in this case that all mailings to the pro se Plaintiff since April 1, 2014, have been returned by the post office as undeliverable (Docket Entry Nos. 17, 18, 25, 26, and 27). It thus appears from this record that Plaintiff Brito has failed to comply with the Court's admonition that he keep the Clerk's office informed of his current mailing address (Docket Entry No. 3 at 3).

For the foregoing reason, the undersigned Magistrate Judge finds that the complaint should be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiff's failure to comply with the court's order requiring him to inform the Clerk of a current mailing address.

RECOMMENDATION

For the reasons stated above, the undersigned Magistrate Judge recommends that the complaint be dismissed pursuant to Rule 41(b), Federal Rules of Civil Procedures.

Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has 14 days from receipt of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Any party opposing said objections shall have 14 days from receipt of any objections filed in this Report in which to file any responses to said objections. Failure to file specific objections within 14 days of receipt of this Report and Recommendation can constitute a waiver of further appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985), Reh'g denied, 474 U.S. 1111 (1986).


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