Tyleek Rayquaun Johnson v. Shana Peeler; Capt. Hayes; Mrs. Lucy; Ashley Hunt; Kathy White; and A. Roach

Summary

The United States Magistrate Judge recommends dismissing Tyleek Rayquaun Johnson’s 42 U.S.C. § 1983 action with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The recommendation is based on Johnson’s failure to respond to the defendants’ motion for summary judgment, motion to seal, and subsequent court order, and it states that the motion to seal should be denied as moot if the recommendation is adopted.

Holdings

1. The magistrate judge recommended that the action be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to respond to Defendants' motion for summary judgment, failed to respond to the court's subsequent order, and appeared to have abandoned the action.
2. If the district court adopted the recommendation to dismiss the action, Defendants' motion to seal should be denied as moot.

Questions Presented

1. Whether the action should be dismissed with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) after Plaintiff failed to respond to Defendants' motions and court orders.
2. Whether Defendants' motion to seal should be denied as moot if the action is dismissed.

Disposition

other