Opinion
Case No. 1:13-cv-726
11-04-2014
ANGELA MARIE HEADEN, Plaintiff, v. SLOAN D. GIBSON, Acting Secretary, Department of Veterans Affairs, Defendant.
Weber, J.
REPORT AND RECOMMENDATION
Plaintiff, proceeding pro se, initiated this employment discrimination action in October 2013. On July 10, 2014, nine months after her complaint was filed, this Court entered an order notifying plaintiff of her obligation to perfect service of process. (Doc. 18). The Court ordered plaintiff to submit a completed summons form, U.S. Marshal form, and copy of her complaint within thirty (30) days of the entry of the Order for service on defendant and the United States attorney. (Id.). The Order further provided that plaintiff's failure to comply would result in the Court's recommendation that this matter be dismissed. (Id. at 3). On October 1, 2014, the Court granted plaintiff an additional thirty (30) days to submit these documents after learning that plaintiff may not have received notice from the Court that the referral of this matter regarding assistance of counsel had been rescinded. (Doc. 21). To date, plaintiff has not submitted the required forms or otherwise attempted to prosecute her lawsuit.
Plaintiff's failure to prosecute this matter and to obey an Order of the Court warrants dismissal of this case pursuant to Fed. R. Civ. P. 41(b). See Jourdan v. Jabe, 951 F.2d 108, 109-10 (6th Cir. 1991). District courts have the power to sua sponte dismiss civil actions for want of prosecution to "manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Link v. Wabash R.R., 370 U.S. 626, 630-31 (1962). See also Jourdan, 951 F.2d at 109. Though plaintiff is proceeding pro se, as stated by the Supreme Court, "we have never suggested that procedural rules in ordinary civil litigation should be interpreted so as to excuse mistakes by those who proceed without counsel." McNeil v. United States, 508 U.S. 106, 113 (1993).
IT IS THEREFORE RECOMMENDED THAT:
1. Plaintiff's case be DISMISSED in its entirety for want of prosecution and for failure to obey an Order of the Court; andDate: 11/4/14
2. The Court certify pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997).
/s/_________
Karen L. Litkovitz
United States Magistrate Judge
NOTICE TO THE PARTIES REGARDING THE FILING OF OBJECTIONS TO R&R
Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. This period may be extended further by the Court on timely motion for an extension. Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendation is based in whole or in part upon matters occurring on the record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another party's objections WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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