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RENFRO v. TROUTT, 3:11-0860. (2013)

Court: District Court, M.D. Tennessee Number: infdco20130708664 Visitors: 5
Filed: Jul. 05, 2013
Latest Update: Jul. 05, 2013
Summary: REPORT AND RECOMMENDATION JOHN S. BRYANT, Magistrate Judge. TO: THE HONORABLE KEVIN H. SHARP Defendants have filed their motion to dismiss this case for failure to prosecute (Docket Entry No. 97). Plaintiff Renfro, who is proceeding pro se, has filed a response entitled "Motion to Strike Defendants Motion to Dismiss for Failure to Prosecute and Motion for Appointed Counsel and This Matter be Reset for Later Date" (Docket Entry No. 100). In this filing, Plaintiff Renfro states that he does
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REPORT AND RECOMMENDATION

JOHN S. BRYANT, Magistrate Judge.

TO: THE HONORABLE KEVIN H. SHARP

Defendants have filed their motion to dismiss this case for failure to prosecute (Docket Entry No. 97). Plaintiff Renfro, who is proceeding pro se, has filed a response entitled "Motion to Strike Defendants Motion to Dismiss for Failure to Prosecute and Motion for Appointed Counsel and This Matter be Reset for Later Date" (Docket Entry No. 100). In this filing, Plaintiff Renfro states that he does wish to prosecute this case, but that he lacks legal assistance and does not know "what to do next." He also seeks Court-appointed counsel. Finally, he asks that the trial of his case be reset for a later date.

Given the liberal standards with which the Court is obligated to regard pro se litigants, the undersigned Magistrate Judge recommends that Plaintiff's motion to dismiss for lack of prosecution be DENIED without prejudice to file a similar motion later, and that the trial of this case be reset on a future date available on the Court's trial docket.

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 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).

Source:  Leagle

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