Opinion
5:22-cv-11-TKW/MJF
04-11-2022
JERMAIN WRIGHT, Plaintiff, v. TIMOTHY MANSON, et al., Defendants.
REPORT AND RECOMMENDATION
Michael J. Frank, United States Magistrate Judge.
This prisoner civil rights case, filed under 42 U.S.C. § 1983, is before the court on referral from the clerk of the court. On January 24, 2022, the undersigned ordered Plaintiff to pay the filing fee or move for leave to proceed in forma pauperis. Doc. 3. The undersigned provided Plaintiff until February 24, 2022, to comply. The undersigned also warned Plaintiff that the failure to comply with the order likely would result in dismissal of this case. Id. As of the date of this report and recommendation, Plaintiff has not complied with that order and has not responded to the show cause order issued by the undersigned on March 11, 2022. Doc. 5.
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).
Based on the foregoing, the undersigned respectfully RECOMMENDS that the District Court:
1. DISMISS without prejudice this action for Plaintiff's failure to comply with court orders, 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 Office, 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 prisoner's case for failing to pay the initial partial filing fee after issuing an order to show cause); 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. Direct the clerk of the court to close the case.
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. Rule 3-1; 28 U.S.C. § 636.