Opinion
CASE NO. 2:20-CV-1005-WHA-KFP [WO]
03-15-2021
LARRY JOE JORDAN, #136 882, Plaintiff, v. JEFFERSON S. DUNN, ALABAMA DEPARTMENT OF CORRECTION COMMISSIONER, et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
On December 29, 2020, the Court directed Plaintiff to forward to the Clerk of Court filing and administrative fees of $402.00. Doc. 3. Plaintiff was cautioned that his failure to comply with the Court's Order would result in a recommendation that his Complaint be dismissed. Id. The time to comply with the Court's Order expired on January 20, 2021, and Plaintiff has failed to submit the required fees. The Court, therefore, concludes this case is due to be dismissed. Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (explaining that as a general rule, where a litigant has been forewarned, dismissal for failure to obey a court order is not an abuse of discretion.); see also Tanner v. Neal, 232 F. App'x. 924 (11th Cir. 2007) (affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amended complaint in compliance with court's prior order directing amendment and warning of consequences for failure to comply).
Accordingly, it is the RECOMMENDATION of the Magistrate Judge this case be DISMISSED without prejudice for Plaintiff's failure to prosecute this action and comply with the orders of the Court. . It is further
ORDERED that on or before March 29, 2021, the parties may file objections to the Recommendation. The parties must specifically identify the factual findings and legal conclusions in the Recommendation to which objection is made. Frivolous, conclusive, or general objections will not be considered by the Court. The parties are advised that this Recommendation is not a final order and, therefore, is not appealable.
Failure to file written objections to the Magistrate Judge's findings and recommendations in accordance with 28 U.S.C. § 636(b)(1) will bar a party from a de novo determination by the District Court of legal and factual issues covered in the Recommendation and waive the right of the party to challenge on appeal the District Court's order based on unobjected-to factual and legal conclusions accepted or adopted by the District Court except on grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982); 11TH CIR. R. 3-1. See Stein v. Reynolds Sec., Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc).
DONE this 15th day of March, 2021.
/s/ Kelly Fitzgerald Pate
KELLY FITZGERALD PATE
UNITED STATES MAGISTRATE JUDGE