Sanders v. Lanier Collection Agency & Service, Inc.

Filing 8

REPORT AND RECOMMENDATION dismissing without prejudice the 1 Notice of Removal, filed by Lanier Collection Agency & Service, Inc. (Objections to R&R due by 7/14/2017). Signed by Magistrate Judge G. R. Smith on 6/29/17. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
LEONARD SANDERS,
Plaintiff,
v.
LANIER COLLECTION AGENCY
& SERVICE, INC.,
Defendant.

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CV417-061

REPORT AND RECOMMENDATION
This case should be dismissed without prejudice because plaintiff
Leonard Sanders has failed to comply with the June 26, 2017 deadline to
show cause why it should not be dismissed for abandonment and
violations of Court rules and orders.

Doc. 7 at 2 (Order warning of

dismissal if he failed to explain his failure to confer with defense counsel
to file a Fed. R. Civ. P. 26(f) report pursuant to Local Rule 26.1(a) & (b));
see L.R. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)
(courts have the inherent authority to dismiss claims for lack of
prosecution); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102
(11th Cir. 1989); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983);
Floyd v. United States, CV491-277 (S.D. Ga. June 10, 1992).

This report and recommendation (R&R) is submitted to the district
judge assigned to this action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this
Court’s Local Rule 72.3.

Within 14 days of service, any party may file

written objections to this R&R with the Court and serve a copy on all
parties.

The document should be captioned “Objections to Magistrate

Judge’s Report and Recommendations.” Any request for additional time to
file objections should be filed with the Clerk for consideration by the
assigned district judge.
After the objections period has ended, the Clerk shall submit this
R&R together with any objections to the assigned district judge.

The

district

and

judge

will

review

the

magistrate

judge’s

recommendation pursuant to 28 U.S.C. § 636(b)(1)(C).

findings

The parties are

advised that failure to timely file objections will result in the waiver of
rights on appeal. 11th Cir. R. 3-1; see Symonett v. V.A. Leasing Corp., 648
F. App’x 787, 790 (11th Cir. 2016); Mitchell v. U.S., 612 F. App’x 542, 545
(11th Cir. 2015).
SO REPORTED AND RECOMMENDED, this 29th
2017

2

day of June,