Jamison v. Bass

District Court, W.D. Louisiana

Jamison v. Bass

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

DETRAYVO JAMISON CIVIL ACTION NO. 24-0495

SECTION P VS. JUDGE JERRY EDWARDS, JR.

WARDEN NOLEN BASS MAG. JUDGE KAYLA D. MCCLUSKY

REPORT AND RECOMMENDATION

Plaintiff Detrayvo Jamison, a prisoner at Tensas Parish Detention Center proceeding pro se and in forma pauperis, filed this proceeding on approximately April 12, 2024, under

42 U.S.C. § 1983

. He names Warden Nolen Bass as defendant.1 A district court may dismiss an action based on a plaintiff’s failure to prosecute or comply with a court order. FED. R. CIV. P. 41(b). A court possesses the inherent authority to dismiss the action sua sponte on this basis. Link v. Wabash R.R. Co.,

370 U.S. 626, 630-31

(1962). “The power to invoke this sanction is necessary to prevent undue delays in the disposition of pending cases and to avoid congestion in the calendars of the [d]istrict [c]ourts.”

Id.

On July 31, 2024, the undersigned ordered Plaintiff to amend his Complaint, remedy certain deficiencies, and provide specific information. [doc. # 11]. The undersigned cautioned that the Court may dismiss Plaintiff’s lawsuit if he failed to comply.

Id.

Plaintiff’s deadline to comply passed, and to date Plaintiff has not filed an amended pleading. Accordingly, IT IS RECOMMENDED that Plaintiff Detrayvo Jamison’s Complaint,

1 This matter has been referred to the undersigned for review, report, and recommendation under

28 U.S.C. § 636

, and the standing orders of the Court. [doc. # 1], be DISMISSED WITHOUT PREJUDICE. Under the provisions of

28 U.S.C. § 636

(b)(1)(C) and Rule 72(b), parties aggrieved by this recommendation have fourteen (14) days from service of this Report and Recommendation to file specific, written objections with the Clerk of Court. A party may respond to another party’s objections within fourteen (14) days after being served with a copy of any objections or response to the district judge at the time of filing. Failure to file written objections to the proposed factual findings and/or the proposed legal conclusions reflected in this Report and Recommendation within fourteen (14) days following the date of its service, or within the time frame authorized by Fed. R. Civ. P. 6(b), shall bar an aggrieved party from attacking either the factual findings or the legal conclusions accepted by the District Court, except upon grounds of plain error. See Douglass v. United Services Automobile Association,

79 F.3d 1415

(5th Cir. 1996). In Chambers, Monroe, Louisiana, this 16 day of October, 2024.

fo Ns Kayla Dye “oo United States Magistrate Judge

Reference

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