Summary
This United States District Court order adopts the Report and Recommendation of a Magistrate Judge, which recommended dismissing the plaintiff’s pro se civil rights lawsuit for failure to prosecute. The plaintiff, proceeding in forma pauperis, failed to pay the required filing fee or amend his complaint within the specified timeframe and did not file objections to the magistrate’s report. Consequently, the court finds no clear error or abuse of discretion and formally dismisses the case without prejudice.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge's report dismissing the case for failure to prosecute.
Holdings
- The court adopts the magistrate judge's report and dismisses the case without prejudice for failure to prosecute.
Key quotations
“The Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 11) as the findings of this Court. It is therefore ORDERED that this case is DISMISSED without prejudice for failure to prosecute.”
Factual background
Jay Williams, an inmate in Henderson County Jail, filed a pro se §1983 civil rights suit without paying the required filing fee or proceeding in forma pauperis. He failed to satisfy the court's order to pay the fee and amend the complaint, and did not object to the magistrate's report recommending dismissal.
Procedural history
Plaintiff, an inmate, filed pro se under 42 U.S.C. §1983 without paying the filing fee. The case was referred to Magistrate Judge K. Nicole Mitchell, who recommended dismissal for failure to prosecute. Plaintiff did not object, and the district court adopted the report and dismissed the case.