Opinion

Moon v. Ellis (INMATE 1)

Court
District Court, M.D. Alabama
Filed
Sep 6, 2019
Cited by
0 cases
Authority
More cited than 31.1%

“When the magistrate provides such notice and a party still fails to object to the findings of fact and those findings are adopted by the district court the party may not challenge them on appeal in the absence of plain error or manifest injustice.”

How later courts described this case

  • “When the magistrate provides such notice and a party still fails to object to the findings of fact and those findings are adopted by the district court the party may not challenge them on appeal in the absence of plain error or manifest injustice.”

Written by the judges who cited it.

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

JAMES CHARLEY MOON, #212228, )

)

Plaintiff, )

)

v. ) Case No. 3:18-CV-369-WHA-WC

)

DR. ELLIS, et al., )

)

Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

James Charley Moon, an indigent inmate, initiated the instant 42 U.S.C. § 1983

action on March 23, 2018. In this civil action, Moon challenges the constitutionality of

medical treatment provided to him at the Russell County Jail in March of 2018. Doc. 1 at

1–6.

The order of procedure entered on March 26, 2018, instructed Moon to immediately

inform the court of any new address. Doc. 4 at 4, ¶7 (“The plaintiff shall immediately

inform the court and the defendants or, if counsel has appeared on behalf of the defendants,

counsel of record of any change in his address. Failure to provide a correct address to this

court within ten (10) days following any change of address will result in the dismissal of

this action.”). The docket indicates Moon received a copy of this order. However, the

postal service returned as undeliverable an order entered on August 9, 2019 (Doc. 34)

because Moon no longer resided at the last address he had provided to the court for service.1

This order directed Moon to advise the court of his current address on or before August 29,

2019. As of the present date, Moon has failed to provide the court with his current address

pursuant to the directives of the orders entered in this case. The court therefore concludes

that this case should be dismissed.

The court has reviewed the file to determine whether a less drastic measure than

dismissal is appropriate. See Abreu-Velez v. Board of Regents of Univ. System of Georgia,

248 F. App’x 116, 117–18 (11th Cir. 2007). After such review, the court finds that

dismissal of this case is the proper course of action. Initially, the court notes that Moon is

an indigent individual and the imposition of monetary or other punitive sanctions against

him would be ineffectual. Moreover, Moon has failed to comply with the directives of the

orders entered by this court regarding provision of a current address. It likewise appears

that Moon is simply no longer interested in the prosecution of this case and any additional

effort to secure his compliance would be unavailing and a waste of this court’s scarce

resources. Finally, this case cannot properly proceed when Moon’s whereabouts are

unknown.

Accordingly, the court concludes that Moon’s failure to comply with the orders of

this court warrant dismissal of this case. Moon v. Newsome, 863 F.2d 835, 837 (11th Cir.

1989) (holding that, as a general rule, where a litigant has been forewarned dismissal for

1The last address provided by Moon was the Russell County Jail. The court undertook a search of the inmate

database maintained by the Alabama Department of Corrections at www.doc.state.al.us/inmatesearch to

determine whether Moon no longer resided at the Russell County Jail due to a transfer to the state prison

system. This review indicated that Moon is not currently incarcerated in the state prison system.

failure to obey a court order is not an abuse of discretion). The authority of courts to impose

sanctions for failure to prosecute or obey an order is longstanding and acknowledged by

Rule 41(b) of the Federal Rules of Civil Procedure. See Link v. Wabash R.R. Co., 370 U.S.

626, 629–30 (1962). This authority empowers the courts “to manage their own affairs so

as to achieve the orderly and expeditious disposition of cases.” Id. at 630–31; Mingo v.

Sugar Cane Growers Co-Op of Fla., 864 F.2d 101, 102 (11th Cir. 1989) (holding that a

“district court possesses the inherent power to police its docket”). “The sanctions imposed

[upon dilatory litigants] can range from a simple reprimand to an order dismissing the

action with or without prejudice.” Id.

For the above stated reasons, it is the RECOMMENDATION of the Magistrate

Judge that this case be dismissed without prejudice. It is further

ORDERED that the Plaintiff is DIRECTED to file any objections to the said

Recommendation on or before September 20, 2019. Any objections filed must

specifically identify the findings in the Magistrate Judge’s Recommendation to which the

party is objecting. Frivolous, conclusive, or general objections will not be considered by

the District Court. The Plaintiff is advised that this Recommendation is not a final order

of the court and, therefore, it is not appealable.

Failure to file a written objection to the proposed findings and recommendations in

the Magistrate Judge’s report shall bar a party from a de novo determination by the District

Court of factual findings and legal issues covered in the report and shall “waive the right

to challenge on appeal the District Court’s order based on unobjected-to factual and legal

conclusions” except upon grounds of plain error if necessary in the interests of justice. 11th

Cir. R. 3-1; see Resolution Trust Co. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th

Cir. 1993) (“When the magistrate provides such notice and a party still fails to object to

the findings of fact and those findings are adopted by the district court the party may not

challenge them on appeal in the absence of plain error or manifest injustice.”); Henley v.

Johnson, 885 F.2d 790, 794 (11th Cir. 1989).

DONE this 6th day of September, 2019.

/s/ Wallace Capel, Jr.

WALLACE CAPEL, JR.

CHIEF UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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