SONJA F. BIVINS, Magistrate Judge.
This action, which has been referred to the undersigned for appropriate action pursuant to 28 U.S.C. § 636(b)(1)(A) and S.D. Ala. GenLR 72(a)(2)(S), is before the Court on Defendant's Motion to Compel and for Sanctions (doc. 24) and Motion for Sanctions, Including Dismissal (doc. 26). For the reasons set forth below, it is
Plaintiff Tina J. Carson, proceeding pro se, filed a complaint alleging sexual harassment against Defendant World Marine of Alabama in December 2016. (Doc. 6). During a scheduling conference conducted on April 7, 2017, Plaintiff was apprised of her obligation to prosecute this action, and her responsibility to respond to discovery. In September 2017, Defendant filed an unopposed motion to extend discovery and modify the scheduling order on the ground that Plaintiff had not responded to Defendant's discovery requests. (Doc. 20). The Court set the matter for a status conference on October 6, 2017. (Doc. 21). Plaintiff failed to appear for the conference and, when contacted by telephone, reported that she was asleep and that she had forgotten about the conference. In an Order dated October 6, 2017, the Court granted Defendant's motion and extended the deadlines for discovery and dispositive motions. (Doc. 23). The Court also cautioned Plaintiff that her indifferent behavior would not be tolerated, and that failure to fulfill her discovery obligations would subject her to sanctions, including the dismissal of this action. (
Defendant filed a motion to compel discovery and for sanctions on October 11, 2017. (Doc. 24). Defendant reported that interrogatories and production requests were served on Plaintiff on August 18, 2017, and that despite written and oral communications with Plaintiff, she had failed to respond to Defendant's discovery requests. (
Defendant, on October 26, 2017, filed a motion seeking sanctions, including the dismissal of this action, on the ground that Plaintiff has failed to fulfill her discovery obligations, failed to respond to the Court's order as directed, and has further failed to prosecute this action. (Doc. 26). In an Order dated November 16, 2017, the Court directed Plaintiff to show cause why this action should not be dismissed for failure to prosecute and obey the orders of this case. (Doc. 29). To date, Plaintiff has not complied with the Court's order dated November 16, 2017, nor has she requested an extension of time in which to do so.
District courts possess inherent power to sanction errant litigants before them, including the power to dismiss an action for failure to prosecute.
In this case, Plaintiff has thwarted Defendant's efforts to defend this case at every turn. Although Plaintiff was fully apprised, very early in this case, of her obligations as a pro se litigant in federal Court, the record reflects that, aside from filing her complaint, Plaintiff has done little else to advance this case, and appears to have lost interest in this case. She has failed to fulfill her discovery obligations, and has shown complete indifference such that, at this juncture, it appears that nothing short of dismissal will suffice. Due to Plaintiff's failure to comply with this Court's Orders (docs. 25, 29) and failure to prosecute this action, and upon consideration of the alternatives that are available to this Court, it is
For the reasons set forth herein, the undersigned
A copy of this report and recommendation shall be served on all parties in the manner provided by law. Any party who objects to this recommendation or anything in it must, within fourteen (14) days of the date of service of this document, file specific written objections with the Clerk of this Court. See 28 U.S.C. § 636(b)(1);
In order to be specific, an objection must identify the specific place in the Magistrate Judge's report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the Magistrate Judge is not specific.