UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Ali Ibn Aziza El,

Plaintiff,

v. Case No. 09-11569

City of Southfield, a municipal Honorable Sean F. Cox

corporation, and Officer David 

McCormick and Blake Matall,

Defendants.

_________________________________/

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE

Acting pro se, on April 27, 2009, Plaintiff Ali Ibn Aziza El (“Plaintiff”) filed this action

against Defendants. On July 23, 2009, this Court issued the Scheduling Order in this matter

which provides, among other things, that witness lists must be filed by November 20, 2009, and

discovery is to close on December 18, 2009. (Docket Entry No. 5).

On November 11, 2009, Defendants filed a motion seeking to compel discovery from

Plaintiff, which was referred to Magistrate Judge Virginia Morgan.

On November 19, 2009, Defendants filed a timely witness list. Plaintiff has not filed a

witness list and discovery closed on December 18, 2009.

The docket reflects that filings sent to Plaintiff at the address he provided to the Court

have been returned undeliverable. (See e.g., Docket Entry No. 11).

On December 15, 2009, Magistrate Judge Morgan issued an Order granting Defendants’

Motion to Compel and recommending that this Court dismiss this action for Plaintiff’s failure to

prosecute. Magistrate Judge Morgan’s Order notes that: 1) Plaintiff has willfully refused to

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provide discovery in this action; 2) Plaintiff did not appear for the motion to compel hearing; and

3) Plaintiff has not updated his address or telephone number on file with the Court and is

unreachable at either the address or telephone number he previously provided.

Magistrate Judge Morgan’s Order expressly advised Plaintiff that he was required to file

objections to her order within fourteen (14) days. Nevertheless, Plaintiff has not filed any

objections to her order recommending involuntary dismissal of this action for failure to

prosecute. In addition, Plaintiff has still not provided the Court with his current address or

contact information.

While this Court is mindful of Plaintiff’s pro se status, “even a pro se litigant, whether a

plaintiff or a defendant, is required to follow the law. In particular, a willfully unrepresented

plaintiff volitionally assumes the risk and accepts the hazards which accompany selfrepresentation.” Graham-Humphreys v. Memphis Brooks Museum of Art, Inc., 209 F.3d 552,

561 (6th Cir. 2000). “[W]hile pro se litigants may be entitled to some latitude when dealing with

sophisticated legal issues, acknowledging their lack of formal training, there is no cause for

extending this margin to straightforward procedural requirements that a layperson can

comprehend as easily as a lawyer.” Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991).

Here, Plaintiff has failed to cooperate in discovery, failed to file a witness or appear for

hearings in this action, and discovery is now closed. Plaintiff also failed to file objections to

Magistrate Judge Morgan’s Order within the time permitted for doing so. Moreover, Plaintiff

has failed to provide Defendants or the Court with his current contact information and therefore

Defendants and the Court have no means of contacting Plaintiff.

Accordingly, IT IS ORDERED that this action is DISMISSED for failure to prosecute.

IT IS SO ORDERED.

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S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: January 6, 2010

I hereby certify that on January 6, 2010, a copy of the foregoing document was served upon

counsel of record by electronic means and upon Ali Ibn Aziza El via First Class Mail at the

address below:

Ali Ibn Aziza El 

P. O. Box 23352 

Detroit, MI 48223

S/Jennifer Hernandez 

Case Manager

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