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ASUKILE v. UNIVERSITY OF CINCINNATI, 1:14-cv-343. (2014)

Court: District Court, S.D. Ohio Number: infdco20141112c79 Visitors: 6
Filed: Oct. 20, 2014
Latest Update: Oct. 20, 2014
Summary: REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN, Magistrate Judge. On July 15, 2014, the Court granted Plaintiff an extension of time until September 12, 2014 in which to file an amended complaint and/or respond to Defendant's pending motion to dismiss. (July 15, 2014 Notation Order). After Plaintiff failed to timely file his amended complaint, the Court Ordered Plaintiff to show cause, in writing, within TWENTY (20) DAYS, why his Complaint should not be dismissed without prejudice for failure
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REPORT AND RECOMMENDATION

STEPHANIE K. BOWMAN, Magistrate Judge.

On July 15, 2014, the Court granted Plaintiff an extension of time until September 12, 2014 in which to file an amended complaint and/or respond to Defendant's pending motion to dismiss. (July 15, 2014 Notation Order). After Plaintiff failed to timely file his amended complaint, the Court Ordered Plaintiff to show cause, in writing, within TWENTY (20) DAYS, why his Complaint should not be dismissed without prejudice for failure to prosecute. To date, Plaintiff has not filed his amended complaint nor responded to the Show Cause Order.

Plaintiff's failure to prosecute this matter and to obey an Order of the Court warrants dismissal of this case pursuant to Fed.R.Civ.P. 41(b). See Jourdan v. Jabe, 951 F.2d 108, 109-10 (6th Cir.1991). District courts have the power to sua sponte dismiss civil actions for want of prosecution to "manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Link v. Wabash R.R., 370 U.S. 626, 630-31, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). See also Jourdan, 951 F.2d at 109. Though plaintiff is proceeding pro se, as stated by the Supreme Court, "we have never suggested that procedural rules in ordinary civil litigation should be interpreted so as to excuse mistakes by those who proceed without counsel." McNeil v. United States, 508 U.S. 106, 113 (1993).

Accordingly, the undersigned RECOMMENDS that Plaintiff's case be DISMISSED for want of prosecution and this case be CLOSED.

Source:  Leagle

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