Wilson v. Bridgewell Hospital/Evergreen Southwest Behavioral Health et al

Filing 17

REPORT AND RECOMMENDATIONS re 8 11 Motions to Dismiss for Failure to State a Claim. IT IS RECOMMENDED that Plaintiff's case be DISMISSED for want of prosecution and for failure to obey a Court Order; and that this case be CLOSED. Objections to R&R due by 3/2/2015. Signed by Magistrate Judge Stephanie K. Bowman on 2/11/2015. (km1) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ANDREA WILSON,

Case No. 1:14-cv-757

Plaintiff,
Beckwith, J.
Bowman, M.J.

vs.
BRIDGWELL HOSPITAL/EVERGREEN
SOUTHWEST BEHAVIOR HEALTH, et al.,
Defendants.

REPORT AND RECOMMENDATION
On November 25 and December 4, 2014, the Court Ordered Plaintiff to show
cause, in writing, within TWENTY (20) DAYS, why Defendants’ motions to dismiss
(Docs. 8, 11) should be construed as unopposed and granted for the reasons stated
therein. (Doc. 12, 13). To date, Plaintiff has not filed a response in opposition to either
of Defendants’ motions to dismiss nor has she responded to the pending Show Cause
Orders.
Plaintiff's failure to prosecute this matter and to obey an Order of the Court
warrants dismissal of this case pursuant to Fed.R.Civ.P. 41(b). See Jourdan v. Jabe,
951 F.2d 108, 109–10 (6th Cir.1991). District courts have the power to sua sponte
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, 630–31, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). See also Jourdan, 951 F.2d at
109. Though plaintiff is proceeding pro se, as stated by the Supreme Court, “we have
never suggested that procedural rules in ordinary civil litigation should be interpreted so

as to excuse mistakes by those who proceed without counsel.” McNeil v. United States,
508 U.S. 106, 113 (1993).
Accordingly,

the

undersigned

RECOMMENDS

that

Plaintiff's

case

be

DISMISSED for want of prosecution and for failure to obey a Court Order; and that this
case be CLOSED.

s/ Stephanie K. Bowman
Stephanie K. Bowman
United States Magistrate Judge

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ANDREA WILSON,

Case No. 1:14-cv-757

Plaintiff,
Beckwith, J.
Bowman, M.J.

vs.
BRIDGWELL HOSPITAL/EVERGREEN
SOUTHWEST BEHAVIOR HEALTH, et al.,

Defendants.

NOTICE
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS
after being served with a copy thereof. That period may be extended further by the
Court on timely motion by either side for an extension of time. All objections shall
specify the portion(s) of the R&R objected to, and shall be accompanied by a
memorandum of law in support of the objections.

A party shall respond to an

opponent’s objections within FOURTEEN DAYS after being served with a copy of those
objections. 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).