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)

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

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