Opinion
Civil Action 3:21-cv-21-CWR-FKB
05-23-2022
RANDY WILMOTH MEETZE, PLAINTIFF v. RON KING, et al. DEFENDANT
REPORT AND RECOMMENDATION
F. KEITH BALL UNITED STATES MAGISTRATE JUDGE
This action is before the Court on the sua sponte Show Cause Order [47] issued on February 18, 2022, to which the Plaintiff has failed to respond. Also before the Court are the Motion for Summary Judgment Based on Failure to Exhaust Administrative Remedies [41] filed by Defendants Ron King and James Miller and the Motion to Dismiss Based on Plaintiff's Failure to Exhaust [43] filed by Defendants John Farmer, M.D., Lawrence Sutton, and David Quarles. Plaintiff filed no response in opposition to either motion.
As Plaintiff has failed to comply with the show cause order [47], the undersigned recommends that Plaintiff's case be dismissed without prejudice due to failure to prosecute in accordance with Fed.R.Civ.P. 41(b) and that the pending summary judgment motions ([41], [43]) be terminated as moot in light of the dismissal.
The parties are hereby notified that failure to file written objections to the proposed findings, conclusions, and recommendation contained within this report and recommendation within fourteen (14) 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 accepted by the district court. 28 U.S.C. § 636; Fed.R.Civ.P. 72(b); Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996).
Pursuant to Fed.R.Civ.P. 5(b)(2)(C), mailing a copy of this Report and Recommendation to Plaintiff's last known address is sufficient to serve Plaintiff with this order. The undersigned's staff shall mail this order to Plaintiff at the last known address provided to the Court, as indicated on the Court's docket.