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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

HENRY TAYLOR,

Plaintiff,

vs. Case No. 4:10cv514-RH/WCS

WALTER MCNEIL, et al.,

Defendants.

 /

REPORT AND RECOMMENDATION

Plaintiff, proceeding pro se, initiated this civil rights action, filed under 42 U.S.C. §

1983, doc. 1, on November 17, 2010. At that time, Plaintiff was incarcerated in the

Florida Department of Corrections and he was granted in forma pauperis status. Docs.

2, 4. Service of Plaintiff's complaint was directed, doc. 7, summons were returned

executed on the four named Defendants in February, 2011. Docs. 11-14. Two court

orders sent to Plaintiff have now been returned as undeliverable. Docs. 9, 15. On

March 31, 2011, a notice of appearance was filed on behalf of Defendants, doc. 16, and

now a motion for an order requiring Plaintiff to submit his in forma pauperis application

has been filed by Defendants. Doc. 17. The motion advises "that Plaintiff was released

on January 20, 2011." Doc. 17, p. 2. 

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The docket indicates that no notice of change of address has been filed by

Plaintiff. Nevertheless, after the first order was returned to the Court as undeliverable, it

appears that the Clerk's office sought an updated address for Plaintiff and re-mailed that

order to Plaintiff at that address. See docket entries for docs. 9, 10. That mail was also

returned to the Court. Doc. 15. Thus, a court order will probably not reach Plaintiff. 

Plaintiff was advised in two court orders that did reach him that he was

responsible for keeping the Court advised about his "current whereabouts as his case

may be dismissed if court orders are returned to the Court because Plaintiff has been

transferred or otherwise relocated." Doc. 4, p. 3; see also doc. 5, p. 2. Nothing has

been received from Plaintiff since receipt of the service copies of the complaint on

December 20, 2010. Doc. 6. Since Plaintiff has taken no steps to notify the Court of his

change of address in the three months since being released, and he has not filed any

documents in over four months, it must be assumed that Plaintiff has now abandoned

this litigation. 

The best course of action is to dismiss this case without prejudice. Should

Plaintiff file any document in the near future, the Clerk of Court shall bring that to my

attention and I will decide at that time whether the case should be re-opened. At this

point, however, the case should be dismissed.

RECOMMENDATION

In light of the foregoing, it is respectfully RECOMMENDED that this case be

DISMISSED for Plaintiff's failure to prosecute this action and failure to comply with court

orders to keep the Court informed as to Plaintiff's whereabouts, and that Defendants'

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motion for a court order requiring Plaintiff to resubmit his in forma pauperis application,

doc. 17, be DENIED as moot.

IN CHAMBERS at Tallahassee, Florida, on April 26, 2011.

 S/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:10cv514-RH/WCS

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