Latanua Rudd v. Judge Annie T. Christoff, Wendy R. Oliver, Clerk of US District Court, Tennessee Bar Association, and Venita Griffin

Summary

The United States District Court for the Western District of Tennessee adopted a magistrate judge’s Report and Recommendation and dismissed Latanua Rudd’s case without prejudice for failure to prosecute. The dismissal followed Plaintiff’s failure to properly serve the defendants and failure to respond to an order to show cause.

Holdings

1. When no timely objection is filed to a magistrate judge's report and recommendation, the district court reviews the recommendation for clear error.
2. A district court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) for failure to prosecute when the plaintiff fails to meaningfully participate in the case and ignores a court order; dismissal without prejudice was appropriate here.
3. Service of process made by a plaintiff who is a party to the action does not satisfy Federal Rule of Civil Procedure 4(c)(2), which requires service by a person at least eighteen years old who is not a party.

Questions Presented

1. Whether the district court should review the magistrate judge's unobjected-to report and recommendation for clear error.
2. Whether dismissal without prejudice under Federal Rule of Civil Procedure 41(b) was warranted because Plaintiff failed to prosecute the action and failed to comply with the court's orders.

Disposition

dismissed