Price v. Daigre et al

Filing 6

ORDER re 3 REPORT AND RECOMMENDATIONS re 1 Complaint filed by John Price: The court finds that the plaintiff's objection is well taken, that the Report and Recommendation is not adopted by the Court, and this action is referred to the Magistrate Judge for further proceedings. Signed by Honorable David C. Bramlette, III on 12-16-08 (Ward, Edwin)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION JOHN PRICE VS. JANET DAIGRE, ET AL. ORDER This cause is before the Court on the Report and PLAINTIFF CIVIL ACTION NO. 5:08-cv-16(DCB)(JMR) DEFENDANTS

Recommendation (docket entry 3) of Chief Magistrate Judge John M. Roper, and on the plaintiff's objection thereto. Having carefully

considered same, and being fully advised in the premises, the Court finds as follows: On November 10, 2008, Magistrate Judge Roper issued his report and recommendation, addressing sua sponte the plaintiff's failure to prosecute his case and failure to respond to the show cause order of July 17, 2008. February 5, 2008. never executed. The plaintiff's complaint was filed on

Summons was issued on February 5, 2008, but

The report and recommendation concludes that this

case should be dismissed sua sponte for failure to prosecute. On December 1, 2008, the plaintiff filed his objection, stating that his original counsel withdrew shortly after this case was filed to work for the Madison County District Attorney's Office, and that due to a misunderstanding a period of time passed before another attorney was alerted to the matter. The objection

also contains a motion for extension of time to serve the summons

and complaint. In light of the matters set forth in the plaintiff's

objection, the Court finds that the report and recommendation should not be adopted, and that this action should be referred to the magistrate judge for further proceedings. Accordingly,

IT IS HEREBY ORDERED that the plaintiff's objection is well taken, that the Report and Recommendation (docket entry 3) of Chief Magistrate Judge John M. Roper is not adopted by the Court, and this action is referred to the magistrate judge for further proceedings. SO ORDERED, this the 16th day of December, 2008.

/s/ David Bramlette UNITED STATES DISTRICT JUDGE

2