Fuqua v. Davis (INMATE 2), No. 2:2019cv00548 - Document 38 (M.D. Ala. 2022)

Court Description: OPINION AND ORDER: it is ORDERED that: 1) The clerk of court shall mail a copy of this order and the 36 report and recommendation to the plaintiff at her current address at Julia Tutwiler Prison for Women; 2) By 8/10/2022, plaintiff may file an objection to the report and recommendation, which should state when she was transferred to Tutwiler from Alabama Therapeutic Education Facility and explain whyshe did not send the court an address update when she was transferred to Tutwiler; 3) If plaintiff does not respond by that date, the court will assume she is no longer interested in this case, and will dismiss the case with prejudice. Signed by Honorable Judge Myron H. Thompson on 7/20/2022. (amf, )

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Fuqua v. Davis (INMATE 2) Doc. 38 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION REGINA RENEE FUQUA, ) ) ) ) ) ) ) ) ) Plaintiff, v. A. DAVIS, Officer, Defendant. CIVIL ACTION NO. 2:19cv548-MHT (WO) OPINION AND ORDER This case is before the court on the recommendation of the United States Magistrate Judge that this case be dismissed pursuant to Federal Rule of Civil Procedure 41(b) due to the plaintiff’s failure to follow a court order to While the notifying inform the plaintiff the court court of previously of her any sent transfer address changes. address from updates the Julia Tutwiler Prison for Women to the Alabama Therapeutic Education Facility, the Alabama Department of Corrections’ website shows that the plaintiff is now back at Tutwiler, and she has not informed the court of such. Dockets.Justia.com The magistrate judge recommended dismissal without prejudice. However, the statute of limitations on the plaintiff’s claim ran in 2021, so any dismissal would in effect be with prejudice. is considered a sanction Dismissal “with prejudice of last only in extreme circumstances.” F.2d 1533, 1535 (11th Cir. resort, applicable Goforth v. Owens, 766 1985) (citing Jones Graham, 709 F.2d 1457, 1458 (11th Cir. 1983)). dismissing with prejudice, the court must v. Before find that “there is a ‘clear record of delay or willful contempt and a finding suffice.’” that lesser sanctions would not Id. (quoting Jones, 709 F.2d at 1458, & citing Hildebrand v. Honeywell, Inc., 622 F.2d 179, 181 (5th Cir. evidence at 1980)*). this time The court to reach finds such insufficient a conclusion. Therefore, the court must find out the reason for the plaintiff’s failure, if there is one. * In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit Court of Appeals adopted as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. *** Accordingly, it is ORDERED that: (1) The clerk of court shall mail a copy of this order and the report and recommendation (Doc. 36) to the plaintiff at her current address at Julia Tutwiler Prison for Women. (2) By objection August to the 10, 2022, report and plaintiff may file recommendation, an which should state when she was transferred to Tutwiler from Alabama Therapeutic Education Facility and explain why she did not send the court an address update when she was transferred to Tutwiler. (3) If plaintiff does not respond by that date, the court will assume she is no longer interested in this case, and will dismiss the case with prejudice. DONE, this the 20th day of July, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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