Summary
dismissing case for failure to prosecute after adopting report of magistrate judge finding that non-lawyer trustee had no authority to represent trust, parties had been so advised, and trust had failed to retain counsel
Summary of this case from Elm Children's Educ. Trust v. Wells Fargo Bank, N.A.Opinion
No. 2:11-cv-02999-JTF-dkv
08-05-2013
MAURICE MORRIS-BEY, Executor MAURICE MORRIS ESTATE, and WESLEY HARRIS-BEY, Trustee M.M.M.B. INTERNATIONAL IRREVOCABLE TRUST, Plaintiffs, v. BANK OF AMERICA, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
and GRANTING DEFENDANT'S MOTION TO DISMISS
Before the Court is Defendant's Motion to Dismiss for failure to prosecute filed on January 18, 2013. (DE #7) The Plaintiff failed to file a response to Defendant's motion to dismiss. On March 25, 2013, this case was referred to the Magistrate for management and determination of all pretrial matters pursuant to 28 U.S.C. §§ 631-39. (D.E. #8) On March 26, 2013, the Magistrate ordered Plaintiff to show cause by April 9, 2013, why the case should not be dismissed for failure to prosecute. Plaintiff failed to file a response to the Order to Show Cause. Accordingly, on April 16, 2013, the Magistrate issued her report and recommendation that the case be dismissed for failure to prosecute. (DE #16) No objections were filed.
Both the Order of Reference and the Order to Show Cause were returned as undeliverable after two mailings to Plaintiff's address of record. The Order to Show Cause was returned as undeliverable to a forwarding address provided by the U.S. Postal Service. Finally, the Magistrate's Report and Recommendation to dismiss the case was also returned to the Clerk's office as undeliverable.
After reviewing the Magistrate Judge's report and recommendation and the entire record, the Court ADOPTS the Magistrate's report and ORDERS this case DISMISSED for failure to prosecute pursuant to Fed. Rule Civ. P. 41(b).
IT IS SO ORDERED this 5th day of August, 2013.
______________________
JOHN T. FOWLKES, JR.
United States District