Automated Summary
Key Facts
Plaintiff Dallan Timothy Thorstenson, proceeding pro se, filed a civil action alleging constitutional rights violations. The Magistrate Judge directed him to file necessary documents to bring the case into proper form for process issuance and highlighted deficiencies in his complaint. Thorstenson failed to respond, leading the Magistrate Judge to recommend dismissal under Federal Rule of Civil Procedure 41 for failure to comply with a court order and failure to prosecute. The district court adopted this recommendation, dismissing the action without prejudice and denying pending motions (ECF Nos. 3 & 12) as moot.
Issues
The court dismissed the case under Federal Rule of Civil Procedure 41 for the plaintiff's failure to comply with a court order requiring submission of documents to bring the case into proper form for process and service, as well as for failure to prosecute. The Magistrate Judge's recommendation was adopted without de novo review due to the plaintiff's failure to file objections to the Report and Recommendation.
Holdings
The court adopts the Magistrate Judge's recommendation and dismisses the case for failure to comply with court orders and failure to prosecute under Federal Rule of Civil Procedure 41, without prejudice and without leave to further amend.
Remedies
- All other pending motions (ECF Nos. 3 & 12) are denied as moot following the dismissal of the action.
- The action is dismissed for failure to comply with court order without prejudice and without leave to further amend.
Legal Principles
The court applied Federal Rule of Civil Procedure 41 to dismiss the case for the plaintiff's failure to comply with a court order and failure to prosecute, based on the Magistrate Judge's recommendation.
Precedent Name
- Carniewski v. W. Virginia Bd. of Prob. & Parole
- Mathews v. Weber
- Camby v. Davis
Cited Statute
- Local Civil Rule 73.02(B)(2) (D.S.C.)
- Federal Rules of Civil Procedure
- Judicial Code and Administrative Procedure Act
- Local Civil Rule 73.02(B)(2)(d) (D.S.C.)
Judge Name
Joseph F. Anderson, Jr.
Passage Text
- Plaintiff has failed to raise any objections and therefore this Court is not required to give an explanation for adopting the recommendation. A review of the Report and prior orders indicates that the Magistrate Judge correctly concluded that Plaintiff's Complaint is subject to dismissal pursuant to Rule 41.
- After carefully reviewing the applicable laws, the record in this case, and the Report, this Court finds the Magistrate Judge's recommendation fairly and accurately summarizes the facts and applies the correct principles of law. Accordingly, this Court adopts the Magistrate Judge's Report and Recommendation and incorporates it herein by reference. (ECF No. 25). Consequently, this action is dismissed for failure to comply with court order without prejudice and without leave to further amend.