Spencer v. Metropolitan Government of Nashville et al

Filing 48

REPORT AND RECOMMENDATION re 1 Complaint. For the reasons stated above, the undersigned Magistrate Judge recommends that this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge John S. Bryant on 7/22/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
RACARDO SPENCER,

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Plaintiff
v.
MATTHEW MOSES,
Defendant
TO:

No. 3:15-0458
Chief Judge Sharp/Bryant
Jury Demand

THE HONORABLE KEVIN H. SHARP
CHIEF JUDGE
REPORT AND RECOMMENDATION
Defendant Matthew Moses has file his motion for sanction

of dismissal (Docket Entry No. 43). As grounds, Defendant states
that Plaintiff Spencer has failed to keep the Court informed of his
current address in violation of the scheduling order entered in
this case. Defendant further supplements his motion with a copy of
an article appearing in The Tennessean on December 4, 2015, stating
that Plaintiff Spencer is now wanted by the Metropolitan Nashville
Police Department on charges of aggravated robbery and kidnaping
(Docket Entry No. 43-1). Defendant argues that, given Plaintiff’s
current

criminal

status,

it

is

not

likely

that

he

will

be

disclosing to the Court his current whereabouts. Plaintiff Spencer
has not responded in opposition to the motion.
It appears from the record that multiple mailings to
Plaintiff by the Clerk have been returned as undeliverable (Docket
Entry Nos. 36, 38, 39, 46 and 47).

On July 1, 2016, the undersigned Magistrate Judge issued
an order to show cause requiring Plaintiff Spencer to show cause by
July 18, 2016, why his complaint should not be dismissed for his
failure to keep the Clerk informed of his current address and his
failure to prosecute his action (Docket Entry No. 44). Plaintiff
Spencer has not responded to this order, and the time within which
he was required to do so has expired.
For the foregoing reasons, the undersigned Magistrate
Judge finds that this action should be dismissed pursuant to Rule
41(b) for Plaintiff’s failure to comply with an order of the Court
requiring him to keep the Clerk informed of his current address and
Plaintiff’s failure to prosecute this action.
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate
Judge recommends that this action be 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 objections within 14 days of receipt of

2

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 22nd day of July, 2016.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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