From Casetext: Smarter Legal Research

Tanner v. Neal

United States Court of Appeals, Eleventh Circuit
May 18, 2007
232 F. App'x 924 (11th Cir. 2007)

Summary

upholding dismissal without prejudice when the pro se plaintiff failed to file an amended complaint correcting the original complaint's pleading deficiencies

Summary of this case from Muhammad v. Muhammad

Opinion

No. 06-13715, Non-Argument Calendar.

May 18, 2007.

Deborah Tanner, Alto, GA, pro se.

Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 05-02816-CVTWT-1.

Before DUBINA, BLACK and CARNES, Circuit Judges.


Georgia prisoner Deborah Tanner appeals the sua sponte dismissal without prejudice of her 42 U.S.C. § 1983 action for failure to file an amended complaint in compliance with the district court's order.

The district court did not abuse its discretion in finding that Tanner failed to comply with its order and in ordering dismissal of her action without prejudice. See Dynes v. Army Air Force Exch. Serv., 720 F.2d 1495, 1499 (11th Cir. 1983) (stating we review dismissals without prejudice for abuse of discretion). A district court may sua sponte dismiss a plaintiff's action for failure to comply with the rules or any order of the court. See Fed.R.Civ.P. 41(b). Tanner failed to follow the district court's instructions on how to amend her complaint in order to comply with Fed.R.Civ.P. 8. A pleading should contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). Tanner's amended complaint does not consist of simple statements connecting each claimed wrong with an identifiable defendant. It remains in excess of 150 pages with the same unnecessary exhibits. Although the district court's order provided a standard form, a clear description of what her complaint should contain, and page and exhibit limitations, the overall form and content of Tanner's amended complaint show that she did not comply with the district court's order after being warned of the consequences. Although courts liberally construe pro se pleadings, the litigant is still required to conform to procedural rules, and the court is not required rewrite a deficient pleading. See GJR Investments, Inc. v. County of Escambia, 132 F.3d 1359, 1369 (11th Cir. 1998). Tanner's argument that lack of knowledge and access to procedural rules justify her noncompliance fails because the court provided her with an explanation of the rules within its order.

AFFIRMED.


Summaries of

Tanner v. Neal

United States Court of Appeals, Eleventh Circuit
May 18, 2007
232 F. App'x 924 (11th Cir. 2007)

upholding dismissal without prejudice when the pro se plaintiff failed to file an amended complaint correcting the original complaint's pleading deficiencies

Summary of this case from Muhammad v. Muhammad

upholding a dismissal without prejudice when the pro se plaintiff failed to file an amended complaint correcting the original complaint's various pleading violations

Summary of this case from Muhammad v. Muhammad

upholding a dismissal without prejudice when the pro se plaintiff failed to file an amended complaint correcting the original complaint's various pleading violations

Summary of this case from Muhammad v. Bethel

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

Summary of this case from Daniels v. Clemmons

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amended complaint in compliance with court's order directing amendment and warning of consequences for failure to comply

Summary of this case from Dailey v. Dunn

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amended complaint in compliance with court's order directing amendment and warning of consequences for failure to comply

Summary of this case from Cunningham v. Ivey

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

Summary of this case from Hinson v. U.S. Marshals

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file amended complaint in compliance with court's order and warning of consequences for failure to comply

Summary of this case from Fareed v. Ivey

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amendment to complaint in compliance with court's prior order directing amendment and warning of consequences for failure to comply

Summary of this case from Laseter v. Harris

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amendment to complaint in compliance with court's prior order directing amendment and warning of consequences for failure to comply

Summary of this case from Jackson v. Crow

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

Summary of this case from Jordan v. Dunn

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

Summary of this case from Thigpen v. Ivey

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amended complaint in compliance with court's order directing amendment and warning of consequences for failure to comply

Summary of this case from Brocato v. Ala. Bureau of Pardons & Paroles

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

Summary of this case from Davis v. Short

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

Summary of this case from Holliman v. Dunn

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

Summary of this case from Broughton v. West

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

Summary of this case from Smith v. Mac Sim Butler Montgomery Cnty. Det. Facility

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amendment to complaint in compliance with court's prior order directing amendment and warning of consequences for failure to comply

Summary of this case from Bryant v. Henline

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amendment to complaint in compliance with court's prior order directing amendment and warning of consequences for failure to comply

Summary of this case from Ruffin v. Frazier

affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file an amendment to complaint in compliance with court's prior order directing amendment and warning of consequences for failure to comply

Summary of this case from Perryman v. Pritchett

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

Summary of this case from Wadsworth v. Butler

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

Summary of this case from Bradley v. Ala. Bureau of Pardons & Paroles

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

Summary of this case from Flowers v. Butler

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

Summary of this case from Williams v. Butler

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

Summary of this case from Mims v. Butler
Case details for

Tanner v. Neal

Case Details

Full title:Deborah TANNER, Plaintiff-Appellant, v. Warren NEAL, Lou Alder, Sergeant…

Court:United States Court of Appeals, Eleventh Circuit

Date published: May 18, 2007

Citations

232 F. App'x 924 (11th Cir. 2007)

Citing Cases

Young v. McKee

Consequently, the court concludes that Plaintiff's abandonment of his claims and his failure to comply with…

Young v. Bruton

In addition, Young did not advise the court of the need for an extension to pay the partial filing fee as…