Opinion
C.A. No. 03-137 T.
September 9, 2004
Report and Recommendation
On April 14, 2003, Christopher Boisclair filed a Complaint pursuant to 42 U.S.C. § 1983. Plaintiff, however, has not prosecuted this action in a timely manner. Indeed, the Court record indicates that no action has been taken by the plaintiff since January 5, 2004. Accordingly, on August 17, 2004, this writer issued to the plaintiff an Order to Show Cause, in writing, why this case should not be dismissed for a lack of prosecution. To the date of this Report and Recommendation, plaintiff has failed to submit any response to the Show Cause Order. Therefore, I recommend that this instant action be dismissed for lack of prosecution. See Local Rule 21(b).
Any objection to this Report and Recommendation must be specific and must be filed with the Clerk of Court within ten days of its receipt. Fed.R.Civ.P. 72(b); Local Rule 32. Failure to file timely, specific objections to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision. United States v. Valencia-Copete, 792 F.2d 4 (1st Cir. 1986) (per curiam); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d. 603 (1st Cir. 1980).