Davalos v. Morgan ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CRAIG DAVALOS, Civil Action No. 1:18-cv-611 Plaintiff, Litkovitz, M.J. vs. GREG MORGAN, et al., ORDER Defendants. Plaintiff Craig Davalos filed the pro se complaint in this action against defendants Greg Morgan, John Borne, the Ohio Department of Motor Vehicles (DMV), and three John Doe defendants on August 28, 2018. (Doc. 1). Plaintiff did not appear at telephonic status conferences held on May 12, 2020 and July 2, 2020. On July 2, 2020, the Court directed plaintiff to show cause, in writing and within 15 days of the date of its Order, why the Court should not dismiss the action against defendants for lack of prosecution. (Doc. 51). To date, more than 15 days later, plaintiff has not filed a response to the Order to Show Cause. “Federal courts possess certain ‘inherent powers . . . to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.’” Goodyear Tire & Rubber Co. v. Haeger, __ U.S. __, 137 S.Ct. 1178, 1186 (2017) (quoting Link v. Wabash R.R., 370 U.S. 626, 630-631 (1962)). Plaintiff’s failure to respond to the Order to Show Cause warrants exercise of the Court’s inherent power and dismissal of plaintiff’s complaint against defendants pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute this matter. See Link, 370 U.S. at 630–31; Jourdan v. Jabe, 951 F.2d 108, 109–10 (6th Cir. 1991). IT IS THEREFORE ORDERED THAT: This case be DISMISSED with prejudice for want of prosecution pursuant to Fed. R. Civ. P. 41(b). Date: _ 7/22/2020 term Ke Rethon Karen L. Litkovitz United States Magistrate Judge