From Casetext: Smarter Legal Research

Cornelius v. Parish

United States District Court, W.D. Louisiana, Shreveport Division
Sep 15, 2008
CIVIL ACTION NO. 07-2121-P (W.D. La. Sep. 15, 2008)

Opinion

CIVIL ACTION NO. 07-2121-P.

September 15, 2008


REPORT AND RECOMMENDATION


In accordance with the standing order of this Court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

STATEMENT OF CLAIM

Before the Court is a civil rights complaint filed in forma pauperis by pro se plaintiff Lorenzo Cornelius ("Plaintiff"), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this Court on December 4, 2007. Plaintiff is incarcerated at the Madison Parish Correctional Center in Tallulah, Louisiana. He names Webster Parish, Harman Drew, Jr., Gary Saxon, Louis Charles Minifield and Eric Johnson as defendants.

Plaintiff was ordered on May 28, 2008, to file, within 30 days of the service of the order, an amended complaint and documentary proof that he has exhausted his state court remedies (Doc. 10). To date, Plaintiff has not responded to the Memorandum Order.

Accordingly;
IT IS RECOMMENDED that this complaint be DISMISSED WITHOUT PREJUDICE, sua sponte, for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure as interpreted by the Court and under the Court's inherent power to control its own docket. See Link v. Wabash Railroad Company, 370 U.S. 626, 82 S.Ct. 1386 (1962); Rogers v. Kroger Company, 669 F.2d 317, 320-321 (5th Cir. 1983).

OBJECTIONS

Under the provisions of 28 U.S.C. § 636(b)(1)(C) and Fed.R.Civ.P. 72(b), parties aggrieved by this recommendation have ten (10) business days from service of this Report and Recommendation to file specific, written objections with the Clerk of Court, unless an extension of time is granted under Fed.R.Civ.P. 6(b). A party may respond to another party's objections within ten (10) days after being served with a copy thereof. Counsel are directed to furnish a courtesy copy of any objections or responses to the District Judge at the time of filing.

A party's failure to file written objections to the proposed findings, conclusions and recommendation set forth above, within ten (10) days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the proposed factual findings and legal conclusions that were accepted by the district court and that were not objected to by the aforementioned party. See Douglas v. U.S.A.A., 79 F.3d 1415 (5th Cir. 1996) (en banc).

THUS DONE AND SIGNED, in chambers, at Shreveport, Louisiana.


Summaries of

Cornelius v. Parish

United States District Court, W.D. Louisiana, Shreveport Division
Sep 15, 2008
CIVIL ACTION NO. 07-2121-P (W.D. La. Sep. 15, 2008)
Case details for

Cornelius v. Parish

Case Details

Full title:LORENZO CORNELIUS v. WEBSTER PARISH, ET AL

Court:United States District Court, W.D. Louisiana, Shreveport Division

Date published: Sep 15, 2008

Citations

CIVIL ACTION NO. 07-2121-P (W.D. La. Sep. 15, 2008)