Fletcher Sherman Legardy v. Sunrise Mall Owner Group, et al.

Summary

A United States magistrate judge recommends dismissing Fletcher Sherman Legardy’s pro se action against Sunrise Mall Owner Group and other defendants without prejudice. The recommendation rests on lack of apparent federal subject matter jurisdiction and plaintiff’s failure to respond to an order to show cause or otherwise prosecute the case. The document advises that objections may be filed within twenty-one days.

Holdings

1. The action should be dismissed without prejudice because federal subject matter jurisdiction was not apparent from the complaint.
2. The action should be dismissed without prejudice for failure to prosecute because plaintiff failed to respond to the court's order or take any other action to move the case forward.

Questions Presented

1. Whether the action should be dismissed without prejudice for lack of federal subject matter jurisdiction.
2. Whether the action should be dismissed without prejudice for failure to prosecute after plaintiff failed to respond to the order to show cause.

Disposition

other