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CHRISTOPHER NEAL, Plaintiff, v. M.EDDY, Correctional Officer, Gou

DECISION ORDER

FREDERICK SCULLIN JR., Chief Judge

Presently before the Court is Magistrate Judge David R. Homer's September 2, 2008 Report-Recommendation in which he recommends that defendants' motion to dismiss be granted; the order granting Neal's IFP status be vacated and the complaint be dismissed as to all defendants and all claims unless Neal pays the filing fee of $350.00 within thirty (30) days of the entry of a final order by the District Court. Magistrate Judge Homer's Report-Recommendation was mailed to plaintiff's last known address, but was returned to the Clerk's Office marked, "Not At This Facility — Return to Sender." Under Local Rule 41.2(b), failure to notify the Court of a change of address as required by Local Rule 10.1(b) may result in dismissal of the action. Therefore, in light of Plaintiff's failure to notify the Court of his change of address, the Court hereby

ORDERS that the Report-Recommendation filed by Magistrate Judge David R. Homer on September 2, 2008 is ACCEPTED in its entirety for the reasons stated therein, and the Court further

ORDERS that the order granting Neal's IFP status is VACATED, and the court further

ORDERS that unless Neal pays the filing fee of $350.00 within (30) days of the entry of this order, the Clerk of the Court shall enter judgment in favor of defendants and close this case without further Order of this Court.

IT IS SO ORDERED.

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NEAL v. EDDY
(Oct 1, 2008)