Keith Hayden v. Clermont County OH, Clerk of Courts

Summary

The United States District Court for the Southern District of Ohio adopted the Magistrate Judge’s Report and Recommendation and dismissed Keith Hayden’s action with prejudice for want of prosecution under Federal Rule of Civil Procedure 41(b). The court found that Hayden failed to maintain a current address and did not timely object to the Report and Recommendation, and it denied leave to appeal in forma pauperis after certifying that an appeal would not be taken in good faith.

Holdings

1. A pro se litigant's failure to keep the court apprised of a current address, resulting in failure to timely object to a properly mailed Report and Recommendation, demonstrates a lack of prosecution.
2. The action was dismissed with prejudice for want of prosecution under Federal Rule of Civil Procedure 41(b).
3. Leave to appeal in forma pauperis was denied because the Court certified that an appeal would not be taken in good faith.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when Plaintiff failed to file objections after notice was served at his last known address.
2. Whether Plaintiff's failure to maintain a current address constituted want of prosecution warranting dismissal with prejudice under Federal Rule of Civil Procedure 41(b).
3. Whether an appeal would be taken in good faith for purposes of 28 U.S.C. § 1915(a).

Disposition

dismissed