MOWRY v. ACTON

Filing 17

RECOMMENDED DECISION Re: 16 MOTION to Dismiss. Objections to R&R due by 3/24/2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (CSA)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JEFF MOWRY,
Plaintiff
v.
TOWN OF ACTON,
Defendant

)
)
)
)
)
)
)
)
)

No. 2:24-cv-00065-SDN

RECOMMENDED DECISION ON MOTION TO DISMISS
In this retaliation case, Jeff Mowry brings claims against the Town of Acton
for violations of Title VII of the Civil Rights Act of 1964, the Maine Human Rights
Act, and the Maine Whistleblower Protection Act. See Complaint (ECF No. 1) at 1.
The Town of Acton now moves to dismiss the complaint with prejudice and without
costs. See Motion to Dismiss (ECF No. 16) at 1-2.
Mowry’s attorneys filed a motion to withdraw (ECF No. 12) in January 2025,
explaining that they had been unable to contact Mowry since August 2024. I reserved
ruling on the motion to withdraw (ECF No. 14) until February 3, 2025, to allow
Mowry time to advise me in writing of his position on his attorneys’ request. After
receiving no response, I granted the motion to withdraw (ECF No. 15) and ordered
Mowry to obtain new counsel or file a pro se entry of appearance by March 5, 2025,
failing which his case would be dismissed. To date, Mowry has accomplished neither
directive; accordingly, I recommend that the Court GRANT the Town of Acton’s
motion and DISMISS Mowry’s complaint without prejudice and without costs.

1

NOTICE
In accordance with Federal Rule of Civil Procedure 72(a), a party may
serve and file an objection to this order within fourteen (14) days after being
served with a copy thereof.
Failure to file a timely objection shall constitute a waiver of the right
to review by the District Court and to any further appeal of this order.
Dated: March 10, 2025
/s/ Karen Frink Wolf
United States Magistrate Judge

2