Powell v. Rowland et al

Filing 9

REPORT AND RECOMMENDATION: For the reason stated above, the undersigned Magistrate Judge recommends that the complaint be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiffs failure to comply with the Courts order requiring return of completed service packets. Signed by Magistrate Judge John S. Bryant on 1/5/16. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
DEVONTAY POWELL,

)
)
)
)
)
)
)
)
)

Plaintiff
v.
BUCKY ROWLAND, et al.,
Defendants
TO:

No. 1:15-0082
Chief Judge Sharp/Bryant

THE HONORABLE KEVIN H. SHARP, CHIEF JUDGE
REPORT AND RECOMMENDATION
On

September

22,

2015,

the

Court

granted

Plaintiff’s

application to proceed in forma pauperis, and directed the Clerk to send
to Plaintiff a service packet for each Defendant (Docket Entry No. 3 at 2).
Plaintiff was ordered to complete these service packets and
return them to the Clerk’s office within 21 days of the receipt of the
Court’s order. This order also forewarned the Plaintiff that his failure
to return the completed service packets within the time required would
jeopardize his prosecution of this action.
On November 6, 2015, after Plaintiff failed to return the
complete

service

packets

as

ordered

by

the

Court,

the

undersigned

Magistrate Judge entered an order to show cause requiring Plaintiff to show
cause on or before November 23, 2015, while his complaint should not be
dismissed for his failure to comply with the order of the Court requiring
the

return

of

completed

service

packets.

This

order

admonished

the

Plaintiff that his failure to respond may cause the undersigned Magistrate
Judge to recommend that his complaint be dismissed.
Plaintiff has failed to make any response to this order to show
cause.
For the foregoing reasons, the undersigned Magistrate Judge
finds that Plaintiff’s complaint should be dismissed for his failure to

comply with the Court’s order directing him to return complete service
packets for the Defendants.
RECOMMENDATION
For the reason stated above, the undersigned Magistrate Judge
recommends that the complaint be dismissed pursuant to Rule 41(b) of the
Federal Rules of Civil Procedure for Plaintiff’s failure to comply with the
Court’s order requiring return of completed service packets.

Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

of

this

Report

and

Recommendation in which to file any written objections to this
Recommendation with the District Court. Any party opposing said
objections shall have 14 days from receipt of any objections filed
in this Report in which to file any responses to said objections.
Failure to file specific objections within 14 days of receipt of
this Report and Recommendation can constitute a waiver of further
appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 106 S.
Ct. 466, 88 L.Ed.2d 435 (1985), Reh’g denied, 474 U.S. 1111 (1986).
ENTER this 5th day of January, 2016
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

2