Reported / Citable
Background
Douglas Eugene Miles, a prisoner confined at the Jefferson County Correctional Facility, filed a pro se civil-rights action under 42 U.S.C. § 1983 against Lieutenant Lowe, Jr., and others.
The district court referred the matter to Magistrate Judge Zack Hawthorn. On June 25, 2026, the magistrate judge recommended dismissing the action without prejudice for want of prosecution under Federal Rule of Civil Procedure 41(b). No party objected to the report and recommendation.
The Court’s Holding
After reviewing the report and recommendation, the record, the pleadings, and the available evidence, the district court found the magistrate judge’s factual findings and legal conclusions correct. The court also noted that Miles had received proper notice at his last known address under Federal Rule of Civil Procedure 5(b)(2)(C).
The court adopted the magistrate judge’s report and recommendation. The order did not itself expressly dismiss the action; instead, it stated that a final judgment would be entered in accordance with the order.
Key Takeaways
- The magistrate judge recommended dismissal without prejudice for want of prosecution under Rule 41(b).
- No objections were filed after proper notice was sent to Miles’s last known address.
- The district court adopted the recommendation and stated that a separate final judgment would follow.
Why It Matters
The order illustrates the procedural distinction between adopting a magistrate judge’s recommendation and entering the final judgment that formally disposes of an action. It also underscores that a pro se plaintiff’s failure to prosecute can support a recommendation of dismissal without prejudice under Rule 41(b).