Strebeck v. American Modern Insurance Co

District Court, W.D. Louisiana

Strebeck v. American Modern Insurance Co

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

JASON STREBECK CASE NO. 5:23-CV-00147

VERSUS JUDGE DAVID C. JOSEPH

AMERICAN MODERN INSURANCE CO. MAG. JUDGE KAYLA D. MCCLUSKY

REPORT AND RECOMMENDATION On January 31, 2025, the undersigned ordered Plaintiff to either obtain new counsel and enter an appearance or notify the Court in writing that he intends to proceed pro se. [doc. #51]. The undersigned cautioned that the Court may dismiss Plaintiff’s lawsuit if he failed to comply. Id. Plaintiff’s deadline to comply has passed. To date, Plaintiff has not responded to the latest order or deadline. 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. Co.,

370 U.S. 626, 630-31

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

Id. at 629-30

. Accordingly, IT IS RECOMMENDED that Plaintiff Jason Strebeck’s suit 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.

In Chambers, Monroe, Louisiana, this 10 day of March, 2025.

% r oy Me Chus ep ayla Dye MeClusky United States Magistrate Judge

Reference

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