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13-1444 - Smith et al v. Champaco et al


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13-1444 - Smith et al v. Champaco et al
May 13, 2014
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ORDER: This matter is before the Court upon a "Motion to Ascertain Status of Case" filed by Plaintiff James L. Wood, 98. Plaintiff seeks to ascertain the status of two Motions he filed on March 25, 2014 (Docket Nos. 78, 79). The Motion is GRANTED. The status of the two Motions is that they are under consideration by the Court and will be decided in due course. Signed by Magistrate Judge E. Clifton Knowles on 5/13/14. (xc:Pro se party by regular and certified mail.)(dt)
October 6, 2014
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REPORT AND RECOMMENDATION re 1 Complaint. For the foregoing reasons, the undersigned recommends that Plaintiff Tyree Smiths claims against Defendants be DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 4(m) and 41(b). Signed by Magistrate Judge E. Clifton Knowles on 10/6/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
November 5, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATION: Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 147) and Objections filed by Plaintiff Tyree Smith in the form of a letter to the Magistrate Judge (Docket No. 166). Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved. Plaintiff indicated in earlier correspondence that he understood his responsibilities concerning service. The Magistrate Judge warned Plaintiff that failure to comply with the Court's deadlines for service would result in a recommendation that Plaintiff's claims be dismissed. Accordingly, Plaintiff Tyree Smith's claims against Defendants are DISMISSED without prejudice for failure to accomplish service in a timely manner. The case is referred to the Magistrate Judge for further proceedings with regard to the other Plaintiffs. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 11/5/2014. (xc:Pro se party by regular and certified mail.)(hb)
March 30, 2015
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REPORT AND RECOMMENDATION re 1 Complaint. None of the Plaintiffs other than Tyree Smith have filed anything in response to the Court's Order entered November 6, 2014 (Docket No. 174). Therefore, the Court recommends that the claims of all Plaintiffs except Tyree Smith (whose claims have already been dismissed), be DISMISSED. Signed by Magistrate Judge E. Clifton Knowles on 3/30/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
April 30, 2015
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ORDER: In light of the Plaintiffs' Proposed Amended Complaint (Docket No. 242), the Report and Recommendation (Docket No. 222) is rejected, and this action is referred back to the Magistrate Judge for further case management and recommendations on any dispositive motions. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 4/30/2015. (xc:Pro se party by regular and certified mail.)(hb)
August 18, 2016
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REPORT AND RECOMMENDATION re 1 Complaint. The undersigned recommends this action be DISMISSED in its entirety for failure to prosecute. Signed by Magistrate Judge E. Clifton Knowles on 8/18/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
September 23, 2016
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ORDER: Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 278) and Objections filed by Plaintiff Tyree Smith (Docket No. 282). Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved. Plaintiff's unsuccessful attempts to find legal representation is an insufficient reason not to dismiss this case for failure to prosecute after more than two and a half years. Accordingly, this action is DISMISSED without prejudice, and the Clerk is directed to close the file. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by District Judge Todd J. Campbell on 9/23/2016. (xc:Pro se party by regular and certified mail.)(jw)