United States District Court, M.D. Tennessee
REPORT AND RECOMMENDATION
BROWN United States Magistrate Judge
THE HONORABLE ALETA A. TRAUGER
reasons stated below the Magistrate Judge recommends that the
Plaintiff's claims against the remaining Defendant,
Darren Remington, be dismissed without prejudice for failing
to prosecute and obey Court orders.
Plaintiff, proceeding pro se, paid the filing fee
and filed his complaint on April 20, 2017 (Docket Entry 1).
The complaint lays out alleged actions by Darren Remington
and Susanne Gann, which reads much like a dime store novel
involving a series of cases in the Middle District of
Tennessee and in Arizona between the various parties. Service
of process was obtained on both Gann and Remington (Docket
Entries 5 and 6). Shortly thereafter the Defendant Gann and
the Plaintiff entered a joint motion for an order of
dismissal (Docket Entry 7), which was granted on August 21,
2017 (Docket Entry 12).
the Clerk entered default as to the Defendant Remington
(Docket Entry 13) on August 23, 2017. The Plaintiff took no
further action in the matter and on October 3, 2017 (Docket
Entry 14) the Plaintiff was directed to take some further
action, either by moving to dismiss his complaint or by
seeking a default judgment, either for a sum certain or for a
non-sum certain amount. He was specifically warned that
failure to take further action in the matter within 28 days
could result in a recommendation by the Magistrate Judge to
dismiss his case for failure to prosecute.
the date of this report and recommendation the Plaintiff has
taken no action in the matter since August 2, 2017, nor has
he requested additional time to take action.
Sixth Circuit has set a four-factor test to determine if
dismissal for failure to prosecute is appropriate.
(1) whether the party's failure to cooperate is due to
willfulness, bad faith, or fault;
(2) whether the adversary was prejudiced by the dismissed
(3) whether the dismissed party was warned that failure to
cooperate could lead to dismissal; and
(4) whether the less drastic sanctions were imposed or
considered before dismissal was granted. Schafer v. City
of Defiance Police Department, 5 ...