McCaa v. FCI-Herlong

Summary

The court vacates prior findings and recommendations recommending dismissal for failure to prosecute after the plaintiff filed an objection and requested additional time. The magistrate judge denies the extension request as unnecessary and recommends that the action proceed only on a deliberate-indifference claim against defendant Allred, with all other claims and defendants dismissed without leave to amend.

Holdings

1. The April 9, 2025 findings and recommendations recommending dismissal for failure to prosecute were vacated because plaintiff objected to the recommendation.
2. Plaintiff's request for a 60-day extension to file supplemental briefing was denied as unnecessary because no issue before the court required supplemental briefing.
3. The court recommended that the case proceed on a deliberate-indifference claim against Allred and that all other claims and defendants be dismissed without leave to amend for failure to state a claim.

Questions Presented

1. Whether the prior recommendation to dismiss the action for failure to prosecute should be vacated in light of plaintiff's subsequent objection.
2. Whether plaintiff should receive a 60-day extension to file supplemental briefing.
3. Whether the action should proceed solely on the deliberate-indifference claim against Allred and whether the remaining claims and defendants should be dismissed without leave to amend for failure to state a claim.

Disposition

other