Opinion
Case No. 1:12-cv-631
01-23-2013
JASMINE WRIGHT, Plaintiff, v. CITY OF CINCINNATI, Defendant.
Weber, J.
Litkovitz, M.J.
REPORT AND RECOMMENDATION
On December 27, 2012, the Court ordered plaintiff to serve a summons and copy of the complaint on the defendants within twenty (20) days, or show cause, in writing, why service cannot be effected within this time period. (Doc. 2). A certified copy of that Order was mailed to plaintiff, and on January 18, 2013, the United States Postal Service returned the certified mail to this Court marked as "unclaimed , unable to forward, return to sender." (Doc. 3).
District courts have the inherent 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, 630-631 (1962). See also Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991). Failure of a party to respond to an order of the Court warrants invocation of the Court's inherent power. See Fed. R. Civ. P. 41(b). Accordingly, dismissal is appropriate.
IT IS THEREFORE RECOMMENDED THAT:
1. Plaintiffs complaint be DISMISSED with prejudice for lack of prosecution. 2. The Court certify pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of this Order would not be taken in good faith and therefore deny plaintiff leave to appeal in forma pauperis. Plaintiff, a non-prisoner, 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 part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997).
______________________
Karen L. Litkovitz
United States Magistrate Judge
JASMINE WRIGHT,
Plaintiff,
vs.
CITY OF CINCINNATI,
Defendant.
Case No. 1:12-cv-631
Weber, J.
Litkovitz, M.J.
NOTICE REGARDING THE FILING OF OBJECTIONS TO THIS R&R
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to these proposed findings and recommendations within TEN DAYS after being served with this Report and Recommendation ("R&R"). Pursuant to Fed. R. Civ. P. 6(e), this period is automatically extended to thirteen days (excluding intervening Saturdays, Sundays, and legal holidays) because this R&R is being served by mail. That period may be extended further by the Court on timely motion for an extension. Such objections shall specify the portions of the R&R objected to, and shall be accompanied by a memorandum of law in support of the objections. If the R&R is based, in whole or in part, upon matters occurring of 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 TEN DAYS after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See United States v. Walters, 638 F. 2d 947 (6th Cir. 1981); Thomas v. Am, 474 U.S. 140 (1985).