Fields v. Preble County Jail

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON SAMUEL A. FIELDS, Plaintiff, Case No. 3:25-cv-260 V. Judge Michael J. Newman PREBLE COUNTY JAIL, et al., Chief Magistrate Judge Stephanie K. Bowman Defendants. REPORT AND RECOMMENDATION Plaintiff, an inmate who was incarcerated at the Preble County Jail, in Eaton, Ohio,! filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. (Doc. 1). For the following reasons, the undersigned Magistrate Judge RECOMMENDS that this action be DISMISSED without prejudice for failure to prosecute. Plaintiff failed to file a civil cover sheet, as required by S.D. Ohio Civ. Rule 3.1(a). He also failed to submit the $405 filing fee or to file a motion for leave to proceed in forma pauperis. For that reason, the Clerk of Court on July 30, 2025, issued a Notice of Deficiency and mailed to Plaintiff at the return address he provided on the envelope in ' It is unlikely that Plaintiff remains incarcerated at the Preble County Jail, since it appears from publicly available records that the criminal case against an individual named Samuel A. Fields in Preble County, Ohio, under case number 25CRO014511, has been dismissed with prejudice. https://pa.preblecountyohio.net/eservices/searchresults.page?x=G ToJUyVDY yluRL- N4epVZVmK61p-9wNgSabi85SST1*AEfCaUxQP7KLPR6S4J2D0Kxt4bUNiGV9srw- 6kDhyiw This Court may take judicial notice of court records that are available online to members of the public. See Lynch v. Leis, 382 F.3d 642, 648 n.5 (6th Cir. 2004) (citing Lyons v. Stovall, 188 F.3d 327, 332 n.3 (6th Cir. 1999)). which he sent his Complaint a copy of the Notice, a civil cover sheet, and a motion for leave to proceed in forma pauperis. (Doc. 2). The Notice advised Plaintiff that he was required to submit the requested information and/or materials within 30 days. After 60 days had passed without Plaintiff having submitted any of the required documents, the Undersigned gave Plaintiff 30 days to show cause why this action should not be dismissed for failure to comply with the Court’s July 30, 2025, Notice of Deficiency. (Doc. 3). To date, more than 60 days have passed, and Plaintiff has not submitted the requested materials or responded to the Order to Show Cause. “Fed. R. Civ. P. 41(b) recognizes the power of the district court to enter a sua sponte order of dismissal.” Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991) (citing Link v. Wabash R..Co., 370 U.S. 626, 630-31 (1962); Carter v. Memphis, 636 F.2d 159, 161 (6th Cir. 1980)). This authority is considered an “inherent power” necessary for “courts to manage their affairs so as to achieve the orderly and expeditious disposition of cases.” Link, 370 U.S. at 630-31. Failure of a party to respond to an order of the Court warrants invocation of the Court’s inherent power. See Fed. R. Civ. P. 41(b). Accordingly, this case should be dismissed for Plaintiff’s failure to comply with the Court’s July 30, 2025, Notice of Deficiency and the Court’s October 2, 2025, Order to Show Cause. The Undersigned therefore RECOMMENDS that this case be DISMISSED without prejudice for want of prosecution. PROCEDUORNEO BJECTIONS PurstuoFa enRdt..C iPv.7. 2 )(W,bI THIFNO URTE(E1ND4 A)Y aSf tbeeri ng serwvietadch o poyft hree commednidsepdo sapi atrimtoaynsy ,e ravnefid l sep ecific writotbejne cttoti hopenr so pofisneddia nngrdse commendTahtipiseo rnmisao.byd e extenfudretdhb eytr hC eo uornatt immeoltyifo oren x tenSsuicoohbn j.e csthiaolnls spectihpfeoy r toifto hnRese poobrjte tcoat nesddh ableal c compbayan ied memoraonfldauiwmns uppooftr hoteb jecAtp iaornmtsay.yr esptoaonn do tphaerrty 's objecWtIiToInDFsNO URTE(E1ND4 A)Y aSf tbeeris negr wvietadch o ptyh ereof. Failtuomr aeko eb jecitani cocnosr wdiattnhhcpi ers o cemdaufoyrr efer iitgh otnas p peal. SeTheo mavsA. r n4,7U 4. S1.4( 01 98U5n)i;t edv .WS atlatt6ee3rsF8s . ,29 d4( 76 Ctihr . 1981). ITI SS OO RDERED. 1/222/2025 s/SteK.p hBaonwimea n StephKa.Bn oiwem an ChiUenfi tSetdaM taegsi stJruadtgee 3