Kihutu v. Wilson

Background

Zaire Hitimana Kihutu, also known as Laris Kihutu Mpagazihe, brought a complaint against Ryan Wilson and Holiday Stationstore. The court considered a November 6, 2018 report and recommendation from United States Magistrate Judge Tony N. Leung. The recommendation advised dismissing Kihutu’s complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

The clerk mailed the report and recommendation to Kihutu’s last known address, but the United States Postal Service returned the mailing as undeliverable. Kihutu had not provided an alternative address. The court stated that a plaintiff is responsible for providing updated contact information for case-related communications. Kihutu did not file timely objections to the recommendation.

Court’s Analysis

Because no timely objections were filed, the court reviewed the report and recommendation for clear error. The court reviewed the recommendation and the case record and found no clear error. The order did not address the merits of Kihutu’s claims against either defendant.

Ruling

The court adopted the November 6, 2018 report and recommendation. It dismissed Kihutu’s complaint without prejudice and directed that judgment be entered accordingly. “Without prejudice” means the order did not bar refiling, although the opinion does not specify any conditions for doing so.