Bogle v. Shiroki North America, Inc.

Filing 18

REPORT AND RECOMMENDATION: For the foregoing reasons, the undersigned recommends that Defendant's Motion to Dismiss 17 be GRANTED. Signed by Magistrate Judge E. Clifton Knowles on 7/11/12. (xc:Pro se party by regular and certified mail.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

WILLIAM BOGLE, JR.,
Plaintiff,

vs.

SHIROKI NORTH AMERICA, INC.,
Defendant.

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CASE NO. 2:11-0106
JUDGE SHARP/KNOWLES

REPORT AND RECOMMENDATION
This matter is before the Court upon Defendant’s “Motion to Dismiss” for failure to
prosecute and failure to comply with a Court Order. Docket No. 17. Plaintiff has not filed a
Response to the Motion.
Judge Sharp previously entered an Order allowing Plaintiff’s counsel to withdraw.
Docket No. 14. That Order states in relevant part as follows:
The Plaintiff will be allowed thirty (30) days from the date of the
entry of this Order within which to retain substitute counsel or to
notify the Court that he intends to proceed pro se. If substitute
counsel is retained, said substitute counsel shall file a Notice of
Entry of Appearance with the Clerk before the expiration of this
30-day time period. If substitute counsel is not retained, Plaintiff
shall notify the Court in writing before the expiration of this 30day period that he wishes to proceed pro se.
Id.
The docket sheet shows that Plaintiff received the referenced Order. Docket No. 16.

As the record shows, Plaintiff has clearly failed to comply with the Court’s previous

Order, and he has not filed a Response to the instant Motion.
For the foregoing reasons, the undersigned recommends that Defendant’s Motion to
Dismiss (Docket No. 17) be GRANTED.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14)
days after service 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
fourteen (14) days after service of any objections filed to this Report in which to file any
response to said objections. Failure to file specific objections within fourteen (14) days of
service of this Report and Recommendation can constitute a waiver of further appeal of this
Recommendation. See 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); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

E. Clifton Knowles
United States Magistrate Judge

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