Penns v. Brannon et al

Filing 78

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 72 Report and Recommendations, Denying as Moot 59 Motion to Dismiss, Denying as Moot 43 Motion to Dismiss. Clerk shall mail copies of this Order and the Final Judgment entered herewith via cert ified mail both to Plaintiff's address of record and to the two addresses provided by Defense counsel: 250 Rodenburg, Biloxi, Mississippi, 39530 and 258 Rodenberg, Apt. A, Biloxi, Mississippi 39531. Signed by District Judge Halil S. Ozerden on 8/3/2015 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
VARTAURSE CORNELIOUS PENNS
VERSUS

PLAINTIFF
Civil No. 1:14cv399-HSO-JCG

B. THOMPSON, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
TO DISMISS FOR FAILURE TO PROSECUTE
This matter comes before the Court on the Report and Recommendation [72]
of United States Magistrate Judge John C. Gargiulo entered on July 7, 2015.
Magistrate Judge Gargiulo reviewed the record and determined that this civil
action should be dismissed with prejudice pursuant to Federal Rule of Civil
Procedure 41(b) for Plaintiff’s failure to prosecute, failure to comply with numerous
Orders of the Court, and failure to keep the Court apprised of his current address.
To date, no objection to the Report and Recommendation has been filed. The Court
has thoroughly reviewed the findings in the Report and Recommendation and
concludes that the Magistrate Judge properly recommended that this action be
dismissed and all remaining pending motions denied as moot.
Where no party has objected to a magistrate judge’s report and
recommendation, the Court need not conduct a de novo review. See 28 U.S.C. §
636(b)(1) (“A judge of the court shall make a de novo determination of those portions
of the report or specified proposed findings or recommendations to which objection
is made.”). In such cases, the Court need only determine whether the Report and
Recommendation is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221 (5th Cir. 1989). Having reviewed the record, the Court finds
that the Magistrate Judge’s Report and Recommendation thoroughly considered the
facts and issues, and is neither clearly erroneous, nor contrary to law.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and
Recommendation [72] of Magistrate Judge John C. Gargiulo entered on July 7,
2015, is ADOPTED as the finding of this Court. This civil action will be
DISMISSED WITH PREJUDICE. A separate Final Judgment will be entered in
accordance with Federal Rule of Civil Procedure 58.
IT IS, FURTHER, ORDERED AND ADJUDGED that the Motion to
Dismiss [43] filed by Defendant Wesley Health System, LLC, and the Motion to
Dismiss [59] filed by Defendant Brooke Huff Brown are DENIED AS MOOT.
IT IS, FURTHER, ORDERED AND ADJUDGED that the Clerk shall mail
copies of this Order and the Final Judgment entered herewith via certified mail
both to Plaintiff’s address of record and to the two addresses provided by Defense
counsel: 250 Rodenburg, Biloxi, Mississippi, 39530, and 258 Rodenberg, Apt. A,
Biloxi, Mississippi 39531.
SO ORDERED AND ADJUDGED, this the 3rd day of August, 2015.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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