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08-222 - Garner v. Owens et al

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08-222 - Garner v. Owens et al
November 12, 2008
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REPORT AND RECOMMENDATION: Plaintiff has not contacted the Court or defendant to provide a current address. Nor has plaintiff taken any step to pursue this action since he filed his complaint on 9/19/2007. Plaintiff has apparently abandoned the action. Accordingly, it is recommended that plaintiff's complaint should be dismissed. The parties shall have 10 days from service of this Report to file written objections. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 11/10/2008) C/mailed. Objections to R&R due by 12/1/2008. (Latka-Mucha, Wieslawa)
December 9, 2008
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ORDER (ADOPTING REPORT AND RECOMMENDATION): This Court has received the well-reasoned Report and Recommendation of the Honorable Lois Bloom, United States Magistrate Judge, dated 11/10/2008, recommending that this action be dismissed based upon plaintiff's failure to update the Court with his current address. As no party has objected, the Court hereby adopts 16 Report and Recommendation of November 10, 2008 as the opinion of the Court. The Clerk of the Court is directed to enter judgment in accordance with this order and to close the case. In addition, the Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from a judgment entered herein would not be taken in good faith and that in form pauperis status should be denied for purpose of any appeal. So Ordered. (Ordered by Judge Carol B. Amon, on 12/9/2008) C/mailed. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)