Opinion
4:21-cv-318-MW/MJF
10-27-2021
WILLIAM HENRY JACKSON, Plaintiff, v. WERNER ENTERPRISE, Defendant.
REPORT AND RECOMMENDATION
Michael J. Frank, United States Magistrate Judge.
This case is before the court on referral from the clerk of the court. On August 4, 2021, the undersigned ordered Plaintiff to either pay the filing fee or submit a properly completed motion for leave to proceed in forma pauperis. Doc. 4. The undersigned provided Plaintiff until September 6, 2021, to comply. Plaintiff was warned that failure to comply with the order likely would result in dismissal of this case. Id. Plaintiff has not complied with the order and has not responded to the show-cause order issued on September 20, 2021. Doc. 6.
The District Court referred this case to the undersigned to address preliminary matters and to make recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2(C); see also 28 U.S.C. § 636(b)(1)(B), (C); Fed.R.Civ.P. 72(b).
The show-cause order had a 21-day response deadline. The undersigned provided Plaintiff 14 additional days to respond in addition to the show-cause deadline.
Based on the foregoing, the undersigned respectfully RECOMMENDS that:
1. This case be DISMISSED without prejudice for Plaintiff's failure to comply with orders of this court, failure to prosecute, and failure to pay the filing fee.
“Federal courts possess an inherent power to dismiss a complaint for failure to comply with a court order.” Foudy v. Indian River Cnty. Sheriff's Off., 845 F.3d 1117, 1126 (11th Cir. 2017) (citations omitted); Wilson v. Sargent, 313 F.3d 1315, 1320-21 (11th Cir. 2002) (noting that courts may dismiss a case for failing to pay the initial partial filing fee after issuing an order to show cause); see N.D. Fla. Loc. R. 41.1 (authorizing the court to dismiss an action, or any claim within it, “[i]f a party fails to comply with an applicable rule or a court order”).
2. The clerk of the court be directed to close this case file.
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within fourteen (14) days of the date of the report and recommendation. Any different deadline that may appear on the electronic docket is for the court's internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge's findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636.