Musshur Meener v. One Stop Housing, LLC

Summary

The United States District Court for the Western District of Tennessee adopts the magistrate judge’s Report and Recommendation and dismisses the action under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court denies the defendant’s motion to dismiss as moot and directs the Clerk to send the order and judgment to the plaintiff.

Holdings

1. When no party files a specific objection to a magistrate judge's dispositive report and recommendation, the district court reviews the report for clear error rather than conducting de novo review.
2. The action was properly dismissed under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute by not responding to the motion to dismiss or the order to show cause.
3. Defendant's motion to dismiss was denied as moot because the action was dismissed for failure to prosecute.

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation after neither party filed timely objections.
2. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
3. Whether Defendant's pending motion to dismiss should be denied as moot after dismissal of the action.

Disposition

dismissed