Bazzi v. Mbai et al

Filing 44

ORDER granting 40 Motion to Dismiss - The clerk is directed to close this case. Signed by Senior Judge Malcolm J. Howard on 3/6/2014. (Lee, L.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:11-CV-353-H MUHAMMED BAZZI, Plaintiff, v. ORDER PA NDERRY M'BAI, FREEDOM NEWSPAPER, INC. and, JOHN DOE, Defendants. This M'bai matter ("M'baiu) "defendants) u is before and the Freedom court Newspaper, expired. has defendants Inc.'s motion to dismiss pursuant to Rules the Federal Rules of Civil Procedure. ("Bazziu) on not responded, and Pa Nderry (collectively 37 and 41 of Plaintiff Muhammed Bazzi the time for doing so has This matter is ripe for adjudication. This action arises from a news article written by defendant M'bai and published in Freedom Newspaper newspaper based in Raleigh, ("the articleu) . Gambia an online North Carolina on February 26, 2011 Freedom targets readers in the Republic of The ("The Gambiau), business. ("Freedomu), a country in Africa where plaintiff does The article was circulated by the Associated Press. Citing a single source, the article names plaintiff as the leader and operator of the "Mafia" in The Gambia. The Article alleges that plaintiff is involved in weapons trafficking, money laundering, monopolies The "robbing" in Article the petroleum also states Hezbollah. Plaintiff article false are Gambian the and telecommunication that creating industries. plaintiff is that the statements caused him harm, alleges and and people, have affiliated with in this including in business dealings, which he details in the complaint. In September 2 011, defendants filed a motion to which this court denied by order filed September 25, dismiss, 2012. In October 2012, defendants answered the complaint and an order for discovery plan was sent to all Since parties. his initial disclosures as required by Civil these disclosures. Federal Procedure 2 6 nor respond to defendants' ordered by failure [DE #28 and 33]. discovery compel. that the He requests and [DE not #22] make and to to appear comply for the was Rule failed to disclosures sanctioned respond could his lead to properly 2 of motion to compel to the [DE #36] this written motion to and warned him dismissal. scheduled until for Plaintiff ignored defendants' The court sanctioned plaintiff failure failed court did time, Plaintiff did not plaintiff has failed to prosecute this case. file that Plaintiff and noticed deposition. Additionally, mediation as required by the court's pretrial order. plaintiff has failed to plaintiff respond refused to to the participate instant in Finally, motion to dismiss. The Federal Rules of Civil Procedure impose the obligation upon plaintiff, who has chosen to instigate this litigation, participate fully in the discovery process. Federal action Rules by the of Civil district Procedure court for Rule allows for failure of 4l(b) of the dismissal the to of an plaintiff to prosecute the action or failure of the plaintiff to comply with the rules of civil procedure or any court order. Also, of the for Federal Rules of Civil Procedure provides Rule 37 dismissal of an action, where a party fails to obey a discovery order. Having been warned that failure to comply with the court's orders could result in dismissal along with a continued failure to prosecute hereby and dismisses participate this matter in with this litigation, prejudice. The the clerk directed to close this case. ' Y1l Thls ~day of March 2014. Senior United States District Judge At Greenville, NC #26 3 court is

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