Opinion
Civil Action 6:21-CV-00038
04-04-2022
VEM VIM YENOVKIAN; S.Y., a minor child; and B.Y., a minor child, Plaintiffs, v. JASMINE AKBARALI; FREYA KRISTJANSON; PRIME MINISTER TRUDEAU; THE CROWN OF CANADA; and THE TORONTO METRO POLICE, Defendants.
ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION
DREW B. TIPTON, UNITED STATES DISTRICT JUDGE
Pending before the Court is the March 8, 2022 Memorandum and Recommendation (“M&R”) signed by Magistrate Judge Julie K. Hampton. (Dkt. No. 11). In the M&R, Magistrate Judge Hampton sua sponte recommends dismissal of pro se Plaintiff Vem Vim Yenovkian's case under Federal Rule of Civil Procedure 41(b).Yenovkian is purportedly proceeding on behalf of himself and two minor children.
Federal Rule of Civil Procedure 41(b) provides in relevant part: “If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.” A district court may sua sponte dismiss a case under Rule 41(b). Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 440 (5th Cir. 2016).
On August 18, 2021, Magistrate Judge Hampton directed Yenovkian to file an amended complaint. (Dkt. No. 3). She later extended the deadline to file an amended complaint to January 31, 2022. (Dkt. No. 9). Magistrate Judge Hampton warned that failure to comply may result in dismissal. (Id.). After Yenovkian failed to file an amended complaint, Judge Hampton issued a show cause order. (Dkt. No. 10). Yenovkian was ordered to show cause no later than February 28, 2022. (Id.). Yenovkian did not respond. The M&R followed.
The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005).
No plain error appears. Accordingly, the Court ACCEPTS the M&R as the Court's Memorandum Opinion and Order. The Court DISMISSES WITHOUT PREJUDICE this case under Federal Rule of Civil Procedure 41(b).
It is SO ORDERED.