UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00495 Joseph Dasek, Plaintiff, V. East Texas Treatment Facility, Defendant.

ORDER Plaintiff Joseph Dasek, a former inmate of the East Texas Treatment Facility in Henderson, Texas, proceeding pro se, filed this lawsuit complaining of alleged deprivations of his constitu- tional rights. Doc. 1. The case was referred to United States Mag- istrate Judge K. Nicole Mitchell. Doc. 2. The magistrate judge ordered plaintiff to pay the statutory fil- ing fee or seek leave to proceed 7” forma pauperis in accordance with

(b). Doc. 4. The magistrate judge also or- dered plaintiff to file an amended complaint setting out a short and plain statement of his claims. Doc. 3. When plaintiff did not respond to these orders, the magistrate judge issued a report recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the court. Doc. 5. A copy of this report was sent to plaintiff at his last known address, but it was returned as undeliverable. To date, plain- tiff has not advised the court of his present mailing address or cur- rent whereabouts. The complaint form which plaintiff filed contains a declaration stating “I understand, if ] am released or transferred, it is my respon- sibility to keep the court informed of my current mailing address and failure to do so may result in the dismissal of this lawsuit. Doc. 1 at 5. See also Local Rule CV-11(d) (“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.”).

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 or to obey an or- der of the court. So ordered by the court on February 14, 2024. _fLabok BARKER United States District Judge

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