Opinion

BROWN v. STATE OF FLORIDA DEPARTMENT OF MOTOR VEHICLES

Court
District Court, N.D. Florida
Filed
Oct 4, 2021
Cited by
0 cases
Authority
More cited than 20.0%

noting that the Supreme Court has “long held that courts may dismiss actions on their own motion in a broad range of circumstances”

How later courts described this case

  • noting that the Supreme Court has “long held that courts may dismiss actions on their own motion in a broad range of circumstances”
  • noting a court’s inherent power to dismiss an action is not precluded by Fed. R. Civ. P. 41(b)
  • “The court may dismiss a claim if the plaintiff fails to prosecute it or comply with a court order.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

HENRY ANTHONY WASHINGTON

BROWN,

Plaintiff,

v. Case No. 4:21-cv-202-MW-MJF

STATE OF FLORIDA DEPARTMENT

OF MOTOR VEHICLE,

Defendant.

/

REPORT AND RECOMMENDATION

Because Plaintiff has failed to prosecute this action and has failed to comply

with two court orders, the undersigned respectfully recommends that the District

Court dismiss this action without prejudice.1

I. BACKGROUND

On May 17, 2021, Plaintiff initiated this section 1983 action against the State

of Florida Department of Motor Vehicles (“DMV”). (Doc. 1). Because Plaintiff’s

complaint is ambiguous in many respects, the following is the undersigned’s attempt

to decipher Plaintiff’s factual allegations.

1 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; see also 28 U.S.C. § 636(b); Fed R. Civ. P. 72(b).

In 1999, the DMV “lawfully and rightfully” suspended Plaintiff’s Florida

driver’s license due to his failure to pay child support. (Id. at 4). Subsequently,

Plaintiff accumulated “multiple driving without a license citations,” which caused

him “to go to the Department of Corrections” and pay substantial fines. (Id.). A

Florida court declared Plaintiff to be a habitual traffic offender, and either that court

or the DMV suspended Plaintiff’s driver’s license for “an additional 5 years.” (Id. at

5). Plaintiff contends that he should not be classified as a habitual traffic offender

and that so classifying him constitutes “cruel and unusual punishment” and violates

his right to due process. Plaintiff requests that the District Court order the DMV to

reclassify some of Plaintiff’s traffic infractions and allow Plaintiff to apply for a

Florida driver’s license. (Id. at 6).

In his complaint, Plaintiff did not separate into a different count each cause of

action or claim for relief; he did not utilize numbered paragraphs, each limited as far

as practicable to a single set of circumstances; and his factual allegations were

conclusory and difficult to decipher. Thus, on August 2, 2021, the undersigned

ordered the clerk of court to strike Plaintiff’s complaint as a so-called “shotgun

pleading” and ordered Plaintiff to file an amended complaint or a notice of voluntary

dismissal. (Doc. 5). The undersigned imposed a deadline of September 2, 2021. The

undersigned warned Plaintiff that failure to comply likely would result in dismissal

of this action for failure to comply with the undersigned’s order, failure to comply

with the Federal Rules of Civil Procedure, and failure to state a claim upon which

relief can be granted. (Id. at 8). Plaintiff did not comply with the undersigned’s order.

On September 10, 2021, the undersigned ordered Plaintiff to explain and show

cause why he failed to comply with the undersigned’s order of August 2, 2021. (Doc.

6). The undersigned again warned Plaintiff that failure to comply with the

undersigned’s order likely would result in dismissal of this action for failure to

comply with the undersigned’s order, failure to prosecute, failure to comply with the

Federal Rules of Civil Procedure, and failure to state a claim upon which relief can

be granted. (Id.). The undersigned imposed a deadline of September 24, 2021. As of

the date of this order, Plaintiff has failed to comply with the undersigned’s orders.

II. DISCUSSION

“A federal court has at its disposal an array of means to enforce its orders,

including dismissal in an appropriate case.” Degen v. United States, 517 U.S. 820,

827 (1996); see e.g., N.D. Fla. Loc. R. 41.1 (authorizing the court to dismiss a claim

when a party fails to comply with an applicable rule or court order). “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); Equity Lifestyle Props., Inc. v. Fla. Mowing & Landscape Serv., Inc., 556

F.3d 1232, 1240 (11th Cir. 2009) (“The court may dismiss a claim if the plaintiff

fails to prosecute it or comply with a court order.”); see Link v. Wabash R.R. Co.,

370 U.S. 626, 630-31 (1962) (noting a court’s inherent power to dismiss an action is

not precluded by Fed. R. Civ. P. 41(b)). Courts need not wait for a motion to dismiss.

Rather, they may sua sponte dismiss cases for failure to comply with court orders

and for failure to prosecute an action. Costello v. United States, 365 U.S. 265, 286-

87 (1961) (noting that a district court may sua sponte dismiss a complaint for a

plaintiff’s failure to comply with a court order); Snider v. Melindez, 199 F.3d 108,

112 (2d Cir. 1999) (noting that the Supreme Court has “long held that courts may

dismiss actions on their own motion in a broad range of circumstances”).

On August 2, 2021, the undersigned ordered Plaintiff to file either an amended

complaint or a notice of voluntary dismissal. Despite having over two months to

comply with the undersigned’s order, Plaintiff has not prosecuted this action in any

respect. He has not complied with the undersigned’s order of August 2, 2021 or the

order of September 10, 2021. For these reasons, the undersigned recommends that

this action be dismissed without prejudice.

III. CONCLUSION

Because Plaintiff has failed to prosecute this action and has failed to comply

with two court orders, the undersigned respectfully RECOMMENDS:

1. This case be DISMISSED without prejudice.

2. The clerk of the court be directed to enter judgment accordingly and

close the case file.

At Pensacola, Florida, this 4th day of October, 2021.

/s/ Michael J. Frank

Michael J. Frank

United States Magistrate Judge

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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