Opinion

Powell v. Houston County (INMATE 2)

Court
District Court, M.D. Alabama
Filed
Feb 24, 2020
Cited by
0 cases
Authority
More cited than 31.1%

holding that, as a general rule, where a litigant has been forewarned dismissal for failure to obey a court order is not an abuse of discretion.

How later courts described this case

  • holding that, as a general rule, where a litigant has been forewarned dismissal for failure to obey a court order is not an abuse of discretion.

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

JONATHON D. POWELL, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 1:19-CV-1005-RAH

) [WO]

HOUSTON COUNTY, et al., )

)

Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

Plaintiff filed this pro se U.S.C. § 1983 action challenging conditions at the Houston

County Jail. On December 17, 2019, the court entered a notice of case reassignment. Doc. 4. The

Clerk mailed a copy of this notice to Plaintiff at the last service address on record.1

On December 27, 2019, Plaintiff’s copy of the December 17, 2019, notice was returned to

the court marked as undeliverable because Plaintiff is no longer housed at the last service address

the court has on file for him. Accordingly, the court entered an order on February 7, 2020, requiring

that by February 18, 2020, Plaintiff file with the court a current address or show cause why this

case should not be dismissed for his failure to adequately prosecute this action. Doc. 5. This order

specifically advised Plaintiff this case could not proceed if his whereabouts remained unknown

and cautioned him that his failure to comply with its directives would result in the dismissal of this

case. Id. Plaintiff’s copy of the February 7 order was returned to the court February 18, 2020,

marked as undeliverable. The court therefore concludes this case should be dismissed.

The court has reviewed the file to determine whether a measure less drastic than dismissal

is appropriate. See Abreu-Velez v. Board of Regents of Univ. System of Georgia, 248 F. App’x

116, 117–18 (11th Cir. 2007). After such review, the court finds dismissal of this case is the proper

course of action. First, the administration of this case cannot properly proceed in Plaintiff’s

absence. Next, it appears Plaintiff is no longer interested in the prosecution of this case as he has

failed to comply with the order of the court. Finally, under the circumstances of this case, the court

finds that any additional effort by this court to secure Plaintiff’s compliance would be unavailing

and a waste of this court’s scarce judicial resources. Consequently, the undersigned concludes this

case is due to be dismissed. See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (holding

that, as a general rule, where a litigant has been forewarned dismissal for failure to obey a court

order is not an abuse of discretion.). The authority of courts to impose sanctions for failure to

prosecute or obey an order is longstanding and acknowledged by Rule 41(b) of the Federal Rules

of Civil Procedure. See Link v. Wabash R.R. Co., 370 U.S. 626, 629–30 (1962). This authority

empowers the courts “to manage their own affairs so as to achieve the orderly and expeditious

disposition of cases.” Id. at 630–31; Mingo v. Sugar Cane Growers Co-Op of Fla., 864 F.2d 101,

102 (11th Cir. 1989) (observing that a “district court possesses the inherent power to police its

docket.”). “The sanctions imposed [upon dilatory litigants] can range from a simple reprimand to

an order dismissing the action with or without prejudice.” Id.

Accordingly, it is the RECOMMENDATION of the Magistrate Judge this case be

DISMISSED without prejudice for Plaintiff’s failures to comply with the orders of the court and

prosecute this action.

It is

ORDERED that on or before March 9, 2020, Plaintiff may file an objection to the

Recommendation. Any objection filed must specifically identify the factual findings and legal

conclusions in the Magistrate Judge’s Recommendation to which Plaintiff objects. Frivolous,

conclusive or general objections will not be considered by the District Court. This

Recommendation is not a final order and, therefore, it is not appealable.

Failure to file a written objection to the proposed findings and recommendations in the

Magistrate Judge’s report shall bar a party from a de novo determination by the District Court of

factual findings and legal issues covered in the report and shall “waive the right to challenge on

appeal the district court’s order based on unobjected-to factual and legal conclusions” except upon

grounds of plain error if necessary in the interests of justice. 11th Cir. R. 3-1; see Resolution Trust

Co. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993); Henley v. Johnson, 885 F.2d

790, 794 (11th Cir. 1989).

Done, this 24th day of February 2020.

/s/ Stephen M. Doyle

STPEHEN M. DOYLE

UNITED STATES MAGISTRATE JUDGE

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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