David Howard Dixon v. Tiffany Robertson, et al.

Summary

The United States District Court for the Middle District of Tennessee adopts a magistrate judge’s Report and Recommendation and dismisses a pro se prisoner’s 42 U.S.C. § 1983 excessive-force action without prejudice under Federal Rule of Civil Procedure 41(b). The dismissal is based on the plaintiff’s failure to respond to the defendant’s motion for summary judgment despite orders and extensions. The defendant’s motion for summary judgment is denied as moot.

Holdings

1. Dismissal without prejudice was warranted because Plaintiff failed to respond to the motion for summary judgment despite being given instructions, a show-cause opportunity, and an extension of time, thereby failing to prosecute the action and comply with court orders.
2. Only specific objections trigger de novo review, and Plaintiff's general assertions that he responded to court orders and that prison mail caused problems were insufficient to warrant rejection of the recommendation.
3. Defendant's motion for summary judgment was denied as moot because the action was dismissed without prejudice for failure to prosecute.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders.
2. Whether Plaintiff's objections, including his assertions concerning mailing difficulties, appointment of counsel, and prison camera footage, warranted rejection of the recommendation.
3. Whether Defendant's motion for summary judgment should be denied as moot after dismissal of the action.

Disposition

dismissed