Summary
A magistrate judge recommends involuntary dismissal with prejudice of Musshur Meener’s complaint against One Stop Housing, LLC for failure to prosecute and failure to respond to a motion to dismiss and an order to show cause. The recommendation also advises that the motion to dismiss be denied as moot.
Holdings
- The magistrate judge recommended involuntary dismissal with prejudice because Plaintiff failed to prosecute the action, ignored the motion to dismiss and order to show cause, and had been warned that noncompliance could result in dismissal.
- The motion to dismiss should be denied as moot because dismissal of the complaint was recommended on an independent failure-to-prosecute ground.
Questions Presented
- Whether Plaintiff's failure to respond to the motion to dismiss and order to show cause warranted involuntary dismissal with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the Court's inherent authority.
- Whether Defendant's motion to dismiss should be denied as moot after recommending dismissal of the action for failure to prosecute.
Disposition
other
Cases Cited (5)
- Link v. Wabash R. Co., 370 U.S. 626, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962)(followed)
- Boudwin v. Graystone Insurance Co., 756 F.2d 399 (5th Cir. 1985)(followed)
- Harris v. Callwood, 844 F.2d 1254 (6th Cir. 1988)(followed)
- Sepia Enterprises, Inc. v. City of Toledo, 462 F.2d 1315 (6th Cir. 1972) (per curiam)(followed)
- Knoll v. American Telephone & Telegraph Co., 176 F.3d 359, 363 (6th Cir. 1999)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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