Robinson v. Ohio Department of Corrections- Lucasville et al

Filing 55

REPORT AND RECOMMENDATION that plaintiff's case be Dismissed with prejudice for lack of prosecution and this matter be terminated on the docket of the Court. Objections to R&R due by 3/14/2013. Signed by Magistrate Judge Karen L. Litkovitz on 2/25/2013. (art)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JAMES S. ROBINSON,
Plaintiff,

Case No. 1:1 0-cv-895
Spiegel, J.
Litkovitz, M.J.

vs.
OHIO DEPARTMENT OF
CORRECTIONS-LUCASVILLE, et al.,
Defendants.

REPORT AND
RECOMMENDATION

On January 16, 2013, the Court issued an order denying plaintiffs motion for a 60-day
extension of time to respond to defendants' motion for summary judgment and granting plaintiff
14 days from the date of the Court's order to file a response to defendants' motion. (Doc. 51).
On January 28, 2013, the order that had been mailed to plaintiff was returned to the Clerk by the
United States Postal Service marked "RTS -Paroled" and "Return to Sender- Refused- Unable
to Forward." (Doc. 52). On February 4, 2013, the Court issued an order to plaintiff to show
cause in writing, within 15 days of the Court's order, why this case should not be dismissed for
failure to obey a Court order requiring plaintiff to inform the Court promptly of any changes in
his address during the pendency of this lawsuit (see Doc. 10) and for lack of prosecution. (Doc.
53). The copy of the order that had been mailed to plaintiff was returned to the Court marked
"Return to Sender- Refused- Unable to Forward." (Doc. 54). Plaintiff has not responded to the
Show Cause Order to date.
Plaintiffs failure to obey a Court order and to file a response to defendants' motion
warrants dismissal of this case pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. See
Jourdan v. Jabe, 951 F.2d 108, 109-10 (6th Cir. 1991). District courts have this power to

dismiss civil actions for want of prosecution to "manage their own affairs so as to achieve the

orderly and expeditious disposition of cases." Link v. Wabash R.R., 370 U.S. 626, 630-631
(1962). See also Jourdan, 951 F.2d at 109.

IT IS THEREFORE RECOMMENDED that plaintiff's case be DISMISSED with
prejudice for lack of prosecution and this matter be terminated on the docket of the Court.

Date:

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United States Magistrate Judge

2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Case No. 1:1 0-cv-895
Spiegel, J.
Litkovitz, M.J.

JAMES S. ROBINSON,
Plaintiff,

vs.

OHIO DEPT. OF CORRECTIONS, et al.,
Defendants.

NOTICE
Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of
the recommended disposition, a party may serve and file specific written objections to the
proposed findings and recommendations. This period may be extended further by the Court on
timely motion for an extension. Such objections shall specify the portions of the Report objected
to and shall be accompanied by a memorandum of law in support of the objections. If the Report
and Recommendation is based in whole or in part upon matters occurring on the record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. A party may respond to another party's objections
WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in
accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

3

SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:

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B. Received by (Printed Name)

D. Is delivety address different from item 17
If YES, enter delivery address below:

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D Express Mail
D Return Receipt for Merchandise
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4. Restricted

2. Article Number

(T'ransfer from service labeQ

PS Form

3811, February 2004

7011 3500 0001 5345 5277