Devonte Ross v. Thomas Anderson

Summary

The United States District Court for the Eastern District of Michigan adopts a magistrate judge’s report and recommendation in Devonte Ross’s civil action against dentist Thomas Anderson. The court sets aside the clerk’s default, denies Ross’s motion for default judgment, dismisses the amended complaint with prejudice for failure to prosecute, and denies Anderson’s motion to dismiss as moot. The dismissal follows Ross’s failure to respond to motions and an order to show cause, as well as his failure to update his address.

Holdings

1. The court set aside the default against Anderson because the amended complaint was not properly served and Anderson had asserted a meritorious statute-of-limitations defense.
2. Ross's motion for default judgment was denied because the default against Anderson was set aside.
3. The amended complaint was dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Ross failed to respond to the defendant's motions, failed to notify the court of his new address, and failed to respond to the order to show cause.
4. Anderson's motion to dismiss was denied as moot because the amended complaint had already been dismissed with prejudice for failure to prosecute.
5. A party's failure to file timely objections waives further appellate review and relieves the district court of its duty to independently review the report and recommendation.

Questions Presented

1. Whether the clerk's entry of default against Anderson should be set aside where Anderson was not properly served and asserted a potentially meritorious statute-of-limitations defense.
2. Whether Ross's motion for default judgment should be denied after the default was set aside.
3. Whether the amended complaint should be dismissed with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
4. Whether Anderson's motion to dismiss should be decided after the complaint was dismissed for failure to prosecute.

Disposition

dismissed