The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 23-cv-24387-BLOOM
DENZEL ALONZO JAMES,
Plaintiff,
v.
STATE OF FLORIDA, et al.,
Defendants.
________________________/
ORDER OF DISMISSAL
THIS CAUSE is before the Court upon a sua sponte review of the record. On November
6, 2023, Plaintiff Denzel Alonzo James filed a Complaint for Violation of Civil Rights Under 28
U.S.C. § 1983, ECF No. [1].1 As of the date of this Order, Plaintiff has not paid the Court’s filing
fee or filed a motion for leave to proceed in forma pauperis.
Plaintiffs who cannot pay the filing fee may file a motion for leave to proceed in forma
pauperis so that they may initiate their action without first paying the Court’s filing fee. See 28
U.S.C. § 1915. Under § 1915, a legally sufficient motion for leave to proceed in forma pauperis
must be accompanied by “an affidavit that includes a statement of all assets such prisoner possesses
. . . [and] a certified copy of the trust fund account statement (or institutional equivalent) for . . .
the 6-month period immediately preceding the filing of the complaint . . . .” Id. at (a)(1)-(2).
Pursuant to Rule 41 of the Federal Rules of Civil Procedure, a district court may dismiss a
complaint for failure to prosecute or failure to comply with a court order or the federal rules. Fed.
1 “Under the ‘prison mailbox rule,’ a pro se prisoner’s court filing is deemed filed on the date it is
delivered to prison authorities for mailing.” Williams v. McNeil, 557 F.3d 1287, 1290 n.2 (11th
Cir. 2009) (citations omitted).
Case No. 23-cv-24387-BLOOM
R. Civ. P. 41(b). Because Plaintiff failed to pay the filing fee or file a motion to proceed in forma
pauperis, the Complaint is dismissed for want of prosecution. See Brown v. Blackwater River Corr.
Facility, 762 F. App’x 982, 985 (11th Cir. 2019) (“[A] district court may sua sponte dismiss a suit
for failure to prosecute or failure to comply with an order.”).
Accordingly, it is ORDERED AND ADJUDGED that the Complaint, ECF No. [1], is
DISMISSED WITHOUT PREJUDICE. The Clerk shall CLOSE this case.
DONE AND ORDERED in Chambers at Miami, Florida, on November 16, 2023.
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Denzel Alonzo James, PRO SE
200151508
Metro West Detention Center
13850 NW 41 Street
Miami, FL 33178