UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00284 Jacob Durst, Plaintiff, V. Smith County et al., Defendants.

ORDER Plaintiff Jacob Durst, a former inmate of the Smith County Jail proceeding pro se, filed this lawsuit complaining of alleged depri- vations of his constitutional rights. The case was referred to United States Magistrate Judge K. Nicole Mitchell. On April 25, 2024, the magistrate judge issued a report rec- ommending that the lawsuit be dismissed without prejudice for failure to prosecute. Doc. 4 at 3. As the report pointed out, plain- tiff has not contacted the court since June 2023. Jd. at 2. A copy of this report was sent to plaintiff at his last known address but was returned as undeliverable because plaintiff had been dis- charged. Doc. 5. The complaint form that plaintiff filed contains an instruction stating: “Failure to notify the court of your change of address could result in the dismissal of your case.” Doc. 1 at 2. The Local Rules similarly state that a pro se litigant “must provide the court with a physical address . . . and is responsible for keeping the clerk advised in writing of his or her current physical address.” Local Rule CV-11(d); see also Anderson v. Munger, No. 5:17-cv-175,

, at *1 (E.D. Tex. July 8, 2019) (“The Court has no duty to locate litigants, particularly where a litigant has been ad- vised of his responsibility to keep a current address with the Court.”). It has been approximately seven months since the magistrate judge issued her report, and to date, no objections have been filed.

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Nor has plaintiff advised the court of his present mailing address or current whereabouts. When there have been no timely objections to a magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,

(5th Cir. 1996). Having reviewed the magistrate judge’s re- port, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. The lawsuit is dis- missed without prejudice for failure to prosecute. All pending mo- tions are denied as moot. So ordered by the court on November 22, 2024. fable BARKER United States District Judge

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