Ashley v. Player
Ashley v. Player
Trial Court Opinion
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
DONALD ASHLEY, JR. CIVIL ACTION NO. 24-922-P
VERSUS JUDGE DOUGHTY
T. PLAYER MAGISTRATE JUDGE HORNSBY
REPORT AND RECOMMENDATION In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation. STATEMENT OF CLAIM Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Donald Ashley, Jr. (“Plaintiff”), pursuant to
42 U.S.C. § 1983. This complaint was received and filed in this court on July 3, 2024. Plaintiff is incarcerated at the Caddo Correctional Center in Shreveport, Louisiana. Plaintiff names T. Player as defendant. Plaintiff was ordered on August 1, 2024, to furnish the Clerk of Court in Lafayette, Louisiana, one (1) copy of the complaint, two (2) completed summonses and one (1) completed USM 285 form for each defendant for service within 30 days of service of the memorandum order [Doc. 6]. To date, Plaintiff has not complied with the order. Accordingly; IT IS RECOMMENDED that this complaint be DISMISSED WITHOUT PREJUDICE, sua sponte, for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure as interpreted by the court and under the court's inherent power to control its own docket. See Link v. Wabash Railroad Company,
370 U.S. 626,
82 S.Ct. 1386(1962); Rogers v. Kroger Company,
669 F.2d 317, 320-321(Sth Cir. 1982). OBJECTIONS Under the provisions of
28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 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, unless an extension of time is granted under Fed. R. Civ. P. 6(b). A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. Counsel are directed to furnish a courtesy copy of any objections or responses to the District Judge at the time of filing. A party’s failure to file written objections to the proposed findings, conclusions and recommendation set forth above, within fourteen (14) days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking, on appeal, the proposed factual findings and legal conclusions that were accepted by the district court and that were not objected to by the aforementioned party. See Douglas v. U.S.A.A.,
79 F.3d 1415(Sth Cir. 1996) (en banc). THUS DONE AND SIGNED, in chambers, at Shreveport, Louisiana, on this 25th day of October 2024. =| Mark L. Hornsby U.S. Magistrate Judge Page 2 «
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