Aziz v. TBC Retail Group

Filing 28

REPORT AND RECOMMENDATION: The undersigned Magistrate Judge recommends that Defendant's motion to dismiss for lack of prosecution (Docket Entry No. 25) be granted and the complaint dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge John S. Bryant on 2/1/2016. (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
IBRAHIM AZIZ,

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Plaintiff
v.
TBC RETAIL GROUP d/b/a
NATIONAL TIRE AND BATTERY,
Defendant
TO:

No. 3:15-0370
Judge Campbell/Bryant
Jury Demand

THE HONORABLE TODD J. CAMPBELL
REPORT AND RECOMMENDATION
Defendant, NTW, LLC d/b/a National Tire and Battery, has

filed its Motion To Dismiss for Failure To Prosecute (Docket Entry
No. 25).
As

grounds

for

this

motion,

Defendant

states

that

Plaintiff Aziz, who is proceeding pro se and in forma pauperis, has
refused to appear for his duly noticed discovery deposition and has
failed to comply with the order of the Court requiring Plaintiff
Aziz to serve his initial disclosures in compliance with Rule 26(a)
and his responses to Defendant’s interrogatories and requests for
production of documents no later than December 7, 2015 (Docket
Entry No. 22). This order further admonished Plaintiff that his
failure to comply may subject Plaintiff to discovery sanctions
including but not limited to dismissal of his complaint.
Plaintiff Aziz has not complied with the Court’s order
regarding discovery nor has he filed a response to Defendant’s

motion to dismiss for lack of prosecution. The record indicates
that recent mailings by the Clerk to Plaintiff at his address of
record have been returned by the post office marked “Unclaimed –
Unable to Forward” (Docket Entry Nos. 21 and 24). This evidence
suggests that Plaintiff Aziz has failed to keep the Clerk informed
of his current mailing address.
For the foregoing reasons, the undersigned Magistrate
Judge finds that the complaint should be dismissed pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for Plaintiff’s
failure to comply with an order of the Court requiring him to
respond to discovery and his failure to prosecute this case.
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate
Judge recommends that Defendant’s motion to dismiss for lack of
prosecution (Docket Entry No. 25) be granted and the complaint
dismissed pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure.
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

2

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 1st day of February, 2016.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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