Escobar v. Henderson County Jail
Escobar v. Henderson County Jail
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00362 Ernesto Escobar, Plaintiff, v. Henderson County Jail et al., Defendants. Before BARKER, District Judge ORDER On August 5, 2019, plaintiff filed this lawsuit under
42 U.S.C. § 1983. Doc. 1. Pursuant to
28 U.S.C. § 636, the case was referred to United States Magistrate Judge K. Nicole Mitchell. Doc. 2. On August 8, 2019, the magistrate judge ordered Esco- bar to re-file his complaint on the court’s standard form for § 1983 pro se complaints. Doc. 3. Litigants, including prisoners, have a burden to notify the court of a change of address. See L.R. CV-11(d); Garcia v. Texas Dep't of Criminal Justice, No. 6:16-CV-01160-RC,
2019 WL 1254505, at *1 (E.D. Tex. Mar. 18, 2019) (quoting Snyder v. No- len,
380 F.3d 279, 285(7th Cir. 2004)). Accordingly, a copy of the order and two copies of the § 1983 form were mailed to Escobar at the address he provided to the court. On August 16, 2019, those documents were returned to the clerk’s office marked as undeliverable. Doc. 4. Plaintiff has never re-filed his complaint. On September 16, 2019, the magistrate judge issued a re- port recommending that this case be dismissed without prej- udice for failure to prosecute and failure to obey a court order. Doc. 6. A copy of the report and recommendation was sent to plaintiff's last known address but again returned to the clerk’s office marked as undeliverable. Doc. 7.
No objections have been filed to the report and recommen- dation. The report and recommendation is thus adopted. Fed. R. Civ. P. 72(b)(3). The complaint is dismissed without preju- dice for failure to prosecute and failure to comply with a court order. Fed. R. Civ. P. 41(b). All motions not previously ruled on are denied as moot. The clerk of court is directed to close this case.
So ordered by the court on October 22, 2019.
j! CAMPBELL BARKER United States District Judge
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Reference
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