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FELDER v. OHIO STATE HIGHWAY PATROL, 1:15-cv-218. (2016)

Court: District Court, S.D. Ohio Number: infdco20160127b42 Visitors: 7
Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: REPORT & RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . Plaintiff initiated this action on April 8, 2015 against defendant Ohio State Highway Patrol alleging employment discrimination pursuant to 42 U.S.C. 2000e. (Doc. 5). On April 8, 2015, plaintiff was granted leave to proceed in forma pauperis and was ordered to inform the Court promptly of any changes in his address which may occur during the pendency of this lawsuit. (Doc. 4). Official case-related document mailing attempts
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REPORT & RECOMMENDATION

Plaintiff initiated this action on April 8, 2015 against defendant Ohio State Highway Patrol alleging employment discrimination pursuant to 42 U.S.C. § 2000e. (Doc. 5). On April 8, 2015, plaintiff was granted leave to proceed in forma pauperis and was ordered to inform the Court promptly of any changes in his address which may occur during the pendency of this lawsuit. (Doc. 4). Official case-related document mailing attempts by the Court to plaintiff's address listed on the Court's docket have been returned by the U.S. Postal Service marked as "undeliverable." (Docs. 17 and 18). On December 21, 2015, the Court ordered plaintiff to show cause, in writing and within fifteen days, why this action should not be dismissed for lack of prosecution and for failing to obey a Court order. (Doc. 19). Plaintiff was advised that his failure to comply with the terms of the show cause order would result in a recommendation to the District Court that this action be dismissed.

To date, more than fifteen days later, plaintiff has not responded to the show cause order and there is no indication from the docket that plaintiff is actively engaged in litigating this case. Accordingly, dismissal is appropriate. Fed. R. Civ. P. 41(b); Link v. Wabash R.R., 370 U.S. 626, 630-631 (1962); Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991).

IT IS THEREFORE RECOMMENDED THAT:

1. Plaintiff's complaint be DISMISSED with prejudice for lack of prosecution and for failure to obey a Court order.

2. The Court certify pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of this Order would not be taken in good faith and therefore deny plaintiff leave to appeal in forma pauperis. Plaintiff, a non-prisoner, remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997).

Source:  Leagle

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