UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

ALONZO JOHNSON, : Case No. 1:19-cv-393 : Plaintiff, : Judge Timothy S. Black : Magistrate Judge Stephanie K. Bowman vs. : : STATE OF OHIO, et al., : : Defendants. :

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 8) AND TERMINATING THIS CASE IN THIS COURT

This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on January 16, 2020, submitted a Report and Recommendation. (Doc. 8). No objections were filed.1 As required by

(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does

1 The Court notes that the Report and Recommendation was returned as undeliverable. (Doc. 9). Yet a pro se litigant has an affirmative duty to diligently pursue this prosecution of his action, see Jourdan v. Jabe,

(6th Cir. 1991), as well as a duty to supply the court with notice of any and all changes in his address. See Barber v. Runyon, No. 93-6318,

(6th Cir. May 2, 1994) (citing Pena v. Seguros La Comercial, S.A.,

(9th Cir. 1985)). Therefore, even if the Plaintiff has not received the Report and Recommendation, it is due to his failure to supply the Court with an updated address. determine that the Report and Recommendation should be and is hereby ADOPTED in its entirety.

Accordingly, for the reasons stated above: 1) This case is DISMISSED for Plaintiff’s failure to pay the full filing fee as ordered by the Court. 2) Plaintiff is assessed the full filing fee of $400.00. 3) The Clerk shall mail a copy of this Order adopting the Report and Recommendation, along with the attached instructions, to the Cashier of the Chillicothe Correctional Institution, in Chillicothe, Ohio, and the Cashier shall be directed as follows: The prisoner’s Cashier shall deduct, and forward to the Clerk of Court, 20% of the preceding month’s income credited to Plaintiff’s account each time the amount in the account exceeds $10.00 until the full fee has been paid.2 4) The Court certifies that pursuant to

(a)(3), an appeal of this Order would not be taken in good faith and therefore Plaintiff is denied leave to appeal in forma pauperis. 5) The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED from the docket of this Court. IT IS SO ORDERED. Date: 7/9/2020 s/Timothy S. Black Timothy S. Black United States District Judge

2 The prison cashier’s office shall not send payments aggregating more than the amount of the full fee.