United States District Court, E.D. Michigan, Northern Division
L. LUDINGTON DISTRICT JUDGE.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
PURSUANT TO RULE 41(B) OF THE FEDERAL RULES OF CIVIL
PATRICIA T. MORRIS UNITED STATES MAGISTRATE JUDGE.
IS RECOMMENDED that the case be sua sponte
DISMISSED for want of prosecution pursuant
to Rule 41(b) of the Federal Rules of Civil Procedure.
case was referred to the undersigned for all pretrial matters
on March 20, 2017. (Doc. 4.) Plaintiff filed this action on
March 6, 2017. (Doc. 1.) A Report and Recommendation
(R&R) was previously filed and adopted, narrowing the
case to claims against the above Defendants. (Doc. 9, 12.) In
the meantime, Plaintiff was given e-filer status and filed
objections to the R&R. (Doc. 11.) Therefore, Plaintiff is
aware of how to file documents and respond to recommendations
and orders of the Court. On August 1, 2017, summonses for the
remaining Defendants were issued and provided to Plaintiff
for service. There is no indication that Plaintiff attempted
to serve or actually served any of the Defendants. On
November 8, 2017, this Court issued a sua sponte
order to show cause why Plaintiff's case should not be
dismissed for want of prosecution pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure. (Doc. 16.) Plaintiff
did not respond to the show cause order.
41(b) of the Federal Rules of Civil Procedure grants federal
courts the authority to dismiss a case if “the
plaintiff fails to prosecute or to comply with these rules or
a court order.” Fed.R.Civ.P. 41(b). “This measure
is available to the district court as a tool to effect
‘management of its docket and avoidance of unnecessary
burdens on the tax-supported courts [and] opposing
parties.'” Knoll v. American Telephone &
Telegraph Co., 176 F.3d 359, 363 (6th Cir. 1999)
(quoting Matter of Sanction of Baker, 744 F.2d 1438,
1441 (10th Cir. 1984)). “Not only may a district court
dismiss for want of prosecution upon motion of a defendant,
but it may also sua sponte dismiss an action
whenever necessary to ‘achieve the orderly and
expeditious disposition of cases.'” Anthony v.
Marion Cnty. Gen. Hosp., 617 F.2d 1164, 1167 (5th Cir.
1980) (quoting Link v. Wabash R.R. Co., 370 U.S. 626
(1962)). When deciding whether to dismiss a case for want of
prosecution, courts are guided by competing concerns:
On the one hand, there is the court's need to manage its
docket, the public's interest in expeditious resolution
of litigation, and the risk of prejudice to a defendant
because the plaintiff has failed to actively pursue its
claims. . . . On the other hand is the policy which favors
disposition of cases on their merits.
Little v. Yeutter, 984 F.2d 160, 162 (6th Cir. 1993)
case, Plaintiff has failed to actively pursue the litigation
initiated against the Defendants and failed to respond to a
court order. I therefore find that the Court's need to
manage its docket, the public's interest in the timely
resolution of litigation, and the risk of prejudice from
Plaintiff's failure to actively pursue his claims
outweighs the policy favoring a disposition of the cases on
its merits, and thus recommend that the case be sua
sponte dismissed as against all Defendants for failure
to Rule 72(b)(2) of the Federal Rules of Civil Procedure,
“[w]ithin 14 days after being served with a copy of the
recommended disposition, a party may serve and file specific
written objections to the proposed findings and
recommendations. A party may respond to another party's
objections within 14 days after being served with a
copy.” Fed.R.Civ.P. 72(b)(2). See also 28
U.S.C. § 636(b)(1). Failure to file specific objections
constitutes a waiver of any further right of appeal.
Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88
L.Ed.2d 435 (1985); Howard v. Sec'y of Health &
Human Servs., 932 F.2d 505 (6th Cir. 1991); United
States v. Walters, 638 F.2d 947 (6th Cir. 1981). The
parties are advised that making some objections, but failing
to raise others, will not preserve all the objections a party
may have to this Report and Recommendation. Willis v.
Sec'y of Health & Human ...