United States District Court, S.D. Mississippi, Southern Division
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION  AND DISMISSING PLAINTIFF'S COMPLAINT
 WITHOUT PREJUDICE
SULEYMAN, OZERDEN UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the Report and
Recommendation  of United States Magistrate Judge John C.
Gargiulo, entered in this case on September 26, 2018. The
Magistrate Judge recommended that Plaintiff's Complaint
be dismissed without prejudice for failure to obey Orders of
the Court and for failure to prosecute. After due
consideration of the Report and Recommendation ,
Plaintiff's Complaint, the record, and relevant legal
authority, the Court finds that the Magistrate Judge's
Report and Recommendation should be adopted as the Order of
January 12, 2017, Plaintiff Denzel Milton Collins
(“Plaintiff”), acting pro se, filed his Complaint
 against Correctional Officer Wade Ladner and Hancock
County, advancing claims pursuant to 42 U.S.C. § 1983.
Compl.  at 1. Plaintiff alleged that Ladner tasered him
unprovoked. Id. After another officer handcuffed
him, Defendant Ladner allegedly threw him onto the concrete
floor causing Plaintiff to hit his head. Id. at 4-6.
Plaintiff claims that he suffered injuries to his wrists,
ankle, leg, head, and toe. Id. Because of his
injuries, Plaintiff seeks monetary damages and asks for
Ladner's termination and prosecution for aggravated
has notified the Court of a change of address numerous times.
See Notice     . After his last
notice on January 26, 2018, the Court issued an Order 
Setting Omnibus Hearing and a corresponding Writ of Habeas
Corpus ad Testificandum . Each were mailed to Plaintiff
and to the Warden of Hancock County Public Safety Complex,
who acknowledged receipt on January 29, 2018. Acknowledgement
of Receipt . Plaintiff failed to appear for the scheduled
hearing on March 20, 2018.
Court then issued an Order  to Show Cause, ordering
Plaintiff to show cause in writing why his failure to appear
at the hearing should not result in dismissal of the suit for
failure to prosecute. Order . The Order was returned as
undeliverable to Plaintiff's address of record, which
indicated that he was no longer at the Hancock County Adult
Detention Center. Mail  Returned as Undeliverable.
Although his response was due April 3, 2018, Plaintiff has
not responded or updated his address. Order . On May 10,
2018, the Court entered a Text Order that was also
subsequently returned as undeliverable to Plaintiff.
Court has repeatedly warned Plaintiff that failure to
“advise the Court of a change of address or failure to
comply with any Order of the Court will be deemed as a
purposeful delay and contumacious act by Plaintiff and may
result in the dismissal of this case.” Order  at 3;
see Notice  of Assignment; Order  Setting PSP
Deadline; Notice  of Assignment; Order  Requiring
Response; Order  Setting Omnibus Hearing. In its April 3
Order  to Show Cause, the Magistrate Judge again warned
Plaintiff that failure to comply “will result in an
immediate recommendation to the District Judge that this case
be dismissed with prejudice.”
on September 26, 2018, the Magistrate Judge entered a Report
and Recommendation  recommending that Plaintiff's
Complaint  be dismissed without prejudice for failure to
obey Orders of the Court and failure to prosecute. R. &
R.  at 1. The Report and Recommendation advised Plaintiff
that he had 14 days to file any objections. Id. at
4. The Report and Recommendation was mailed to Plaintiff via
certified mail at his address of record on September 26,
2018, and was returned as undeliverable on October 11, 2018.
Mail Returned . To date, no objections have been filed.
no party has objected to a magistrate judge's proposed
findings of fact and recommendation, the Court need not
conduct a de novo review of it. 28 U.S.C. § 636(b)(1)
(“[A] judge of the court shall make a de novo
determination of those portions of the report or specified
proposed findings and recommendations to which objection is
made.”). In such cases, the Court applies the
“clearly erroneous, abuse of discretion and contrary to
law” standard of review. United States v.
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
conducted the required review, the Court concludes that the
Magistrate Judge's Report and Recommendation is neither
clearly erroneous nor contrary to law, and that the
Magistrate Judge thoroughly considered all issues. The Report
and Recommendation should be adopted as the opinion of the
Court finds that the Magistrate Judge properly recommended
that Plaintiff Denzel Milton Collins' Complaint  be
dismissed without prejudice. The Report and Recommendation
 will be adopted as the opinion of the Court.
IS, THEREFORE, ORDERED AND ADJUDGED that, the
Magistrate Judge's Report and Recommendation  entered
in this case on September 26, ...