Branch v. Metropolitan Nashville and Davidson County et al

Filing 55

REPORT AND RECOMMENDATION: The undersigned Magistrate Judge recommends that Defendants' motion to dismiss (Docket Entry No. 53) be granted and the complaint dismissed with prejudice. Signed by Magistrate Judge John S. Bryant on 8/11/2015. (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
EMMONIE BRANCH,

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Plaintiff
v.
METROPOLITAN NASHVILLE and
DAVIDSON COUNTY, et al.,
Defendants

TO:

No. 3:14-1271
Senior Judge Haynes/Bryant
Jury Demand

THE HONORABLE WILLIAM J. HAYNES, JR.
REPORT AND RECOMMENDATION
Defendants

have

filed

their

motion

to

dismiss

for

Plaintiff’s failure to comply with a previous order of the Court
compelling discovery (Docket Entry No. 54). Plaintiff has not
responded in opposition, and the time within which he was required
to do so has expired.
For the reasons stated below, the undersigned Magistrate
Judge recommends that Defendants’ motion to dismiss be granted.
STATEMENT OF THE CASE
Plaintiff Branch, a prisoner, filed his civil rights
complaint on June 6, 2014, pursuant to 42 U.S.C. § 1983. Plaintiff
alleges

that

Defendants

were

deliberately

indifferent

to

his

serious medical needs while he was confined in Defendants’ custody
as a prisoner, in violation of Plaintiff’s rights under the
amendments to the United States Constitution.

On March 20, 2015, the Court granted a motion for leave
to withdraw filed by Plaintiff’s counsel (Docket Entry No. 37).
Plaintiff has failed to employ new counsel, and Plaintiff has been
proceeding pro se.
SUMMARY OF PERTINENT PROCEDURAL HISTORY
On January 6, 2015, Defendants filed their motion to
compel responses to written discovery (Docket Entry No. 33). After
Plaintiff failed to respond in opposition to this motion, the Court
on June 15, 2015, granted Defendants’ motion to compel and ordered
Plaintiff to serve discovery responses by July 7, 2015 (Docket
Entry No. 41). This order expressly admonished Plaintiff that his
failure to comply with this order may subject him to discovery
sanctions, including but not limited to dismissal of this action.
Defendants now have filed their motion to dismiss after
Plaintiff failed to serve discovery responses in compliance with
the Court’s order.
ANALYSIS
Rule 37(b) of the Federal Rules of Civil Procedure
provides that a court may impose sanctions including dismissal of
an action for a party’s failure to comply with a court order
compelling discovery. In this case, Plaintiff Branch failed to
respond

in

opposition

to

Defendants’

motion

to

compel

and

thereafter failed to comply with the Court’s order requiring
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Plaintiff to serve responses to written discovery. From the record,
it appears that Plaintiff Branch has done little or nothing and has
been largely unresponsive since his lawyer was granted leave to
withdraw from this case. In light of the foregoing, the undersigned
Magistrate Judge finds that Defendants’ motion to dismiss should be
granted.
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate
Judge recommends that Defendants’ motion to dismiss (Docket Entry
No. 53) be granted and the complaint dismissed with prejudice.
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 11th day of August, 2015.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge
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