Summary
recommending Plaintiff's lawsuit be dismissed for failure to prosecute after the Court's finding that Plaintiff's dispute with his counsel over the proper handling of his case, Plaintiff's alleged incarceration during one of his status conferences, and Plaintiff's alleged difficulties with having his mail forwarded to his new address did not constitute a legitimate reason for missing deadlines imposed by the Court
Summary of this case from Taylor v. Williams Sausage Co.Opinion
Case No. C2:09-cv-816.
February 2, 2011
ORDER
This matter is before the Court for consideration of the December 30, 2010 Report and Recommendation of United States Magistrate Judge Elizabeth A. Preston Deavers, to whom this case was referred pursuant to 28 U.S.C. § 636(b). (ECF No. 22.) The Magistrate Judge, citing her findings of contumacious conduct and prejudice, coupled with expired discovery and dispositive motion deadlines, recommends that the Court GRANT Defendant's request for dismissal under Federal Rule of Civil Procedure 41(b).
The Report and Recommendation specifically advises the parties that the failure to object to the Report and Recommendation within fourteen days of the Report results in a "waiver of the right to de novo review . . . by the District Judge and waiver of the right to appeal the judgment of the District Court." (December 30, 2010 Report and Recommendation 8, ECF No. 22.) The time period for filing objections to the Report and Recommendation has expired. Plaintiff has not objected to the Report and Recommendation.
The Court has reviewed the Report and Recommendation. Noting that no objections have been filed and that the time for filing such objections has expired, the Court ADOPTS the Report and Recommendation. (ECF No. 22.) Accordingly, the Court GRANTS Defendant's request for dismissal pursuant to Rule 41(b) (ECF No. 21), DISMISSING Plaintiff's action WITH PREJUDICE.
The Clerk is DIRECTED to send a copy of this Order to Plaintiff at 1849 South U.S. Highway 29, Troy, Alabama, 36079.
IT IS SO ORDERED.
2-2-2011
DATE