Beauford v. Omaha Public Schools

Full title: JOYCE BEAUFORD, Plaintiff, v. OMAHA PUBLIC SCHOOLS, Defendant

Court: United States District Court, D. Nebraska

Date published: Aug 19, 2002

8:01CV374 (D. Neb. Aug. 19, 2002)

Opinion

8:01CV374

August 19, 2002

MEMORANDUM AND ORDER

LAURIE SMITH CAMP, District Judge

This matter is before the Court on the Magistrate Judge's Report and Recommendation sustaining Defendant's Motion to Compel Discovery and recommending dismissal (Filing No. 39), and upon the Defendant's Motion to Dismiss (Filing No. 37).

United States Magistrate Judge Kathleen A. Jaudzemis recommends that the Complaint filed by Plaintiff Joyce Beauford (Filing No. 1) be dismissed with prejudice as a sanction for her repeated failure to comply with the orders of the Court. Plaintiff, who is proceeding pro se, has failed to cooperate with the Defendants in pre-trial discovery despite formal and informal direction from this Court to do so, and despite receiving warnings that her failure to do so would result in sanctions, up to and including dismissal of her case. In accordance with 28 U.S.C. § 636(b)(1)(C) and NELR 72.4, Beauford was allowed ten days to file an objection to the Report and Recommendation with this Court. However, Beauford has not objected to the Report and Recommendation.

Notwithstanding Beauford's failure to object, the Court has conducted a de novo review of the Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(C) and NELR 72.4. The Court finds that the Report and Recommendation should be adopted with only the slight modification that the recommendation of default judgment be changed to a judgment of involuntary dismissal for failure to comply with the rules of this Court. Inasmuch as Judge Jaudzemis has fully, carefully, and correctly found the facts and applied the law, the Court need only state that the Plaintiff's complaint is dismissed with prejudice pursuant to Rule 37(b)(2)(C) and Rule 41(b).

Defendant also filed a Motion to Dismiss based on the plaintiff's failure to comply with the rules governing discovery and the orders of this Court (Filing No. 37). The Motion to Dismiss incorporated by reference the evidence submitted with its Motion to Compel Discovery. The Court concludes that the facts set forth in the Report and Recommendation, which are adopted herein, likewise support dismissal of the case on the grounds presented in Defendant's motion to dismiss.

In accordance with the Report and Recommendation, Defendant's request of an award of costs and attorney's fees or other relief is hereby denied.

Accordingly,

IT IS ORDERED:

1. Defendant's Motion to Dismiss (Filing No. 37) is granted;

2. The Magistrate Judge's Report and Recommendation (Filing No. 39) is adopted with the sole exception that the nature of the judgment to be entered shall be a judgment of dismissal;

3. All pending motions, including Defendant's motion for summary judgment (Filing No. 35), are denied as moot; and

4. Judgment shall be entered by separate order.

BY THE COURT.

JUDGMENT

Pursuant to the Court's Memorandum and Order filed contemporaneously with this judgment:

Judgment of Dismissal pursuant to Fed.R.Civ.P. 41(b) is entered in favor of Defendant Omaha Public Schools and against Plaintiff Joyce Beauford; and

2. Plaintiff's Complaint (Filing No. 1) is dismissed with prejudice.