Opinion

JONES v. GADSDEN COUNTY SCHOOL BOARD

Court
District Court, N.D. Florida
Filed
Oct 14, 2021
Cited by
0 cases
Authority
More cited than 20.0%

stating it “was within the district court's discretion to dismiss the plaintiffs’ § 1983 action without prejudice either under Rules 11 and 41(b) or under its inherent authority”

How later courts described this case

  • stating it “was within the district court's discretion to dismiss the plaintiffs’ § 1983 action without prejudice either under Rules 11 and 41(b) or under its inherent authority”

Written by the judges who cited it.

The opinion

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

RONALD DAVID JONES,

Plaintiff,

vs. Case No. 4:21cv377-MW-MAF

GADSDEN COUNTY

SCHOOL BOARD, et al.,

Defendants.

_________________________/

REPORT AND RECOMMENDATION

Plaintiff, proceeding pro se, initiated this case on September 15,

2021. This is the sixth case Plaintiff filed within six weeks.1 Plaintiff was

ordered to either pay the filing fee for this case, or file a motion requesting

leave to proceed in forma pauperis. ECF No. 3. As of this date, he has not

complied. Additionally, Plaintiff was required to file an amended complaint.

ECF No. 3. Again, Plaintiff has not complied and the October 12, 2021,

1 Plaintiff filed case number 4:21-cv-00319-AW-MAF, Jones v. Florida Department of

Education, on 07/29/21; he filed case number 4:21-cv-00320-MW-MAF, Jones v.

Gadsden County School, on 07/29/21; he filed case number 4:21-cv-00323-AW-MAF,

Jones v. Gadsden County School Board, on 08/02/21; he filed case number

4:21-cv-00324-MW-MAF, Jones v. Florida Department of Education, on 08/03/21; and

he filed case number 4:21-cv-00331-WS-MAF, Jones v. City of Quincy, on 08/06/21.

Page 2 of 4

deadline for doing so has now passed. Because Plaintiff had been warned

that if he failed to comply a recommendation would be made to dismiss this

case, it now appears that Plaintiff has abandoned this litigation.

It is noteworthy that Plaintiff recently filed a second amended

complaint in case number 4:21cv320-MW-MAF, and an Order has been

entered in that case today which directs service of that pleading.

Accordingly, because Plaintiff cannot simultaneously litigate multiple cases

against the same Defendant, that provides another reason why this case

should be dismissed.

“A district court, as part of its inherent power to manage its own

docket, may dismiss a case sua sponte” when a Plaintiff “fails to prosecute

or” otherwise comply with a court order. See Ciosek v. Ashley, No.

3:13cv147-RV-CJK, 2015 WL 2137521, at *2 (N.D. Fla. May 7, 2015). The

Supreme Court has held that “[t]he authority of a court to dismiss sua

sponte for lack of prosecution has generally been considered an ‘inherent

power,’ governed not by rule or statute but by the control necessarily

vested in courts to manage their own affairs . . . . ” Link v. Wabash R.R.

Co., 370 U.S. 626, 630, 82 S. Ct. 1386, 1389, 8 L. Ed. 2d 734 (1962)

(quoted in Betty K Agencies, Ltd. v. M/V MONADA, 432 F.3d 1333, 1337

Case No. 4:21cv377-MW-MAF

Page 3 of 4

(11th Cir. 2005)); see also N.D. Fla. Loc. R. 41.1. Furthermore, the

Eleventh Circuit Court of Appeals has noted that “[w]hile dismissal is an

extraordinary remedy, dismissal upon disregard of an order, especially

where the litigant has been forewarned, generally is not an abuse of

discretion.” Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989). It is

within this Court’s discretion and “inherent authority” to dismiss an action

for failing to comply with Rule 11. Smith v. Bruster, 424 F. App’x 912, 915

(11th Cir. 2011) (stating it “was within the district court's discretion to

dismiss the plaintiffs’ § 1983 action without prejudice either under Rules 11

and 41(b) or under its inherent authority”). Here Plaintiff was forewarned of

the consequences of not complying with a Court Order and, yet, failed to

prosecute this case. Dismissal is appropriate.

Case No. 4:21cv377-MW-MAF

Page 4 of 4

RECOMMENDATION

It is respectfully RECOMMENDED that this case be DISMISSED for

failure to prosecute and failure to comply with a Court Order.

IN CHAMBERS at Tallahassee, Florida, on October 14, 2021.

S/ Martin A. Fitzpatrick

MARTIN A. FITZPATRICK

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Within fourteen (14) days after being served with a copy of this

Report and Recommendation, a party may serve and file specific written

objections to these proposed findings and recommendations. Fed. R.

Civ. P. 72(b)(2). A copy of the objections shall be served upon all other

parties. A party may respond to another party’s objections within

fourteen (14) days after being served with a copy thereof. Fed. R. Civ.

P. 72(b)(2). Any different deadline that may appear on the electronic

docket is for the Court’s internal use only and does not control. If a

party fails to object to the Magistrate Judge’s findings or

recommendations as to any particular claim or issue contained in this

Report and Recommendation, that party waives the right to challenge on

appeal the District Court’s order based on the unobjected-to factual and

legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.

Case No. 4:21cv377-MW-MAF

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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