Renfro v. Troutt et al

Filing 103

REPORT AND RECOMMENDATION: Given the liberal standards with which the Court is obligated to regard pro se litigants, the undersigned Magistrate Judge recommends that Plaintiff's motion to dismiss for lack of prosecution be DENIED without prejudi ce to file a similar motion later, and that the trial of this case be reset on a future date available on the Courts trial docket. Signed by Magistrate Judge John S. Bryant on 7/5/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JAMES RENFRO,
Plaintiff
v.
SONYA TROUTT, et al.,
Defendants
TO:

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NO. 3:11-0860
Judge Sharp/Bryant
Jury Demand

THE HONORABLE KEVIN H. SHARP
REPORT AND RECOMMENDATION
Defendants have filed their motion to dismiss this case

for failure to prosecute (Docket Entry No. 97). Plaintiff Renfro,
who is proceeding pro se, has filed a response entitled “Motion to
Strike Defendants Motion to Dismiss for Failure to Prosecute and
Motion for Appointed Counsel and This Matter be Reset for Later
Date” (Docket Entry No. 100). In this filing, Plaintiff Renfro
states that he does wish to prosecute this case, but that he lacks
legal assistance and does not know “what to do next.” He also seeks
Court-appointed counsel. Finally, he asks that the trial of his
case be reset for a later date.
Given the liberal standards with which the Court is
obligated to regard pro se litigants, the undersigned Magistrate
Judge recommends that Plaintiff’s motion to dismiss for lack of
prosecution be DENIED without prejudice to file a similar motion
later, and that the trial of this case be reset on a future date
available on the Court’s trial docket.

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 July, 2013.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge