This action is DISMISSED WITH PREJUDICE pursuant to Rule 41(b) and Rule 37 of the Federal Rules of Civil Procedure. Clayton Scofield III s Final Report and Recommendation is ADOPTED. CONCLUSION Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED that Magistrate Judge E. The Court finds that this action should be dismissed with prejudice. 2005) (holding that a district court may dismiss an action with prejudice when Plaintiff engages in a clear pattern of delay and lesser sanctions are inadequate to correct such conduct). 37(b)(2)(A) (authorizing a district court to dismiss an action for failure to comply with a discovery order) see also Betty K Agencies, Ltd. 41(b) (authorizing a district court to dismiss a complaint for failure to prosecute or obey 3 a court order or federal rule) Fed. The Court does not find plain error in these findings. Analysis Plaintiff does not object to the Magistrate Judge s findings that this action should be dismissed with prejudice under Rule 41(b) and Rule 37 because Plaintiff has engaged in a clear pattern of delay by failing to provide discovery responses as directed by the Court s Order, failing to attend her deposition, and being unresponsive to both the Court and Defendant since the failed mediation. If no party has objected to the report and recommendation, a court conducts only a plain error review of the record. A district judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. Legal Standard After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge s report and recommendation. Plaintiff ignored Judge Scofield s e-mail and telephone messages. 2 Before Defendant filed its motions, Judge Scofield attempted to schedule a conference with the parties. Plaintiff did not file objections to the R&R. On May 28, 2013, Judge Scofield issued his R&R recommending that the Motion to Dismiss be granted. Plaintiff did not oppose or otherwise respond to the motion. On May 3, 2013, Defendant filed its Motion to Dismiss due to Plaintiff s failure to respond to discovery requests. On May 10, 2013, Plaintiff failed to appear for her deposition, and did not notify Defendant that she would not attend. Plaintiff did not produce discovery responses or otherwise respond to Judge Scofield s Orders. Judge Scofield s order warned Plaintiff that failure to comply could result in dismissal. Plaintiff did not respond to either motion.2 On April 22, 2013, Judge Scofield granted both motions and ordered Plaintiff to respond to Defendant s discovery requests within seven (7) days and to appear at her deposition as required. On March 11, 2013, Defendant filed a motion to compel discovery responses from Plaintiff, and on April 18, 2013, Defendant filed a motion to extend discovery. Over Defendant s objections, Plaintiff refused to respond to the requests until after the mediation. Before the mediation, Plaintiff had been served with discovery requests with responses due by February 25, 2013. King conducted a mediation, which was unsuccessful. The Court briefly summarizes the relevant facts here. The parties do not object to the facts set out in the R&R, and finding no plain error in the Magistrate Judge s findings, the Court adopts the facts in the R&R. On February 27, 2013, 1 The facts are more thoroughly discussed in the R&R. BACKGROUND1 On July 12, 2012, Plaintiff Candida Summerlin ( Plaintiff ), proceeding pro se, filed this Title VII employment discrimination action against her former employer, Stars-N-Strikes - Dallas ( Defendant ). Clayton Scofield III s Final Report and Recommendation ( R&R ) recommending dismissal of this action under Rule 41(b) and Rule 37 of the Federal Rules of Civil Procedure for failure to obey an order of the Court. OPINION AND ORDER This matter is before the Court on Magistrate Judge E. 1:12-cv-2442-WSD STARS-N-STRIKES - DALLAS, Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CANDIDA R.
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