Adkinson v. Dave and Busters of GA, Inc. et al

Filing 8

OPINION AND ORDER adopting Magistrate Judge Linda T. Walker's Final Report and Recommendation 4 and dismissing this action without prejudice pursuant to Local Rule 41.3(A)(2) for failure to comply with a lawful order of the Court. Signed by Judge William S. Duffey, Jr on 8/29/17. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
SHAUNTAE ADKINSON,
Plaintiff,
v.

1:17-cv-2310-WSD

DAVE AND BUSTERS OF GA,
INC. and JOHN DOE,
Defendants.

OPINION AND ORDER
This matter is before the Court on Magistrate Judge Linda T. Walker’s Final
Report and Recommendation [4] (“R&R”), recommending this action be dismissed
for failure to comply with a lawful order of the Court.
I.

BACKGROUND
On June 19, 2017, Plaintiff Shauntae Adkinson’s (“Plaintiff”) Complaint [1]

against Defendants was filed on the docket. Plaintiff was confined at the Cobb
County Jail in Marietta, Georgia, when he filed his Complaint. Plaintiff included
an outdated application to proceed in forma pauperis (“IFP”) and inmate account
statement with his Complaint. (See [2] at 3-4).
On June 22, 2017, the Magistrate Judge ordered that “Plaintiff must, within
twenty-one (21) days of the date this Order is entered, submit a current IFP

application, including a current inmate account certification.” (June 22nd Order
[3] at 2). The Magistrate Judge warned that “[f]ailure to do so may result in
dismissal of this case.” (Id.). Plaintiff did not respond to the June 22nd Order.
On July 31, 2017, the Magistrate Judge issued her R&R. In it, she
recommends that the Court dismiss this action for Plaintiff’s failure to comply with
the June 22nd Order. Plaintiff did not file any objections to the R&R, and has not
otherwise taken any action in this matter.
II.

DISCUSSION
A.

Legal Standard

After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams
v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983).
No party objects to the R&R, and the Court thus conducts a plain error review of
the record. See United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983).
B.

Analysis

Under Local Rule 41.3(A)(2), “[t]he court may, with or without notice to the
parties, dismiss a civil case for want of prosecution if: . . . [a] plaintiff . . . shall,

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after notice, . . . fail or refuse to obey a lawful order of the court in the case.” L.R.
41.3(A)(2), NDGa.
Plaintiff failed to comply with the June 22nd Order after being advised that
failure to do so may result in the dismissal of this action. The Magistrate Judge
recommends this action be dismissed for Plaintiff’s failure to comply with the
Court’s order. The Court finds no plain error in this finding and recommendation.
Slay, 714 F.2d at 1095. Accordingly, this action is dismissed pursuant to Local
Rule 41.3(A)(2).
III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Linda T. Walker’s Final

Report and Recommendation [4] is ADOPTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE pursuant to Local Rule 41.3(A)(2) for failure to comply with a
lawful order of the Court.
SO ORDERED this 29th day of August, 2017.

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