White v. Woods (Inmate 2)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

DONALD RAY WHITE, )

Reg. No. 27861-001, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:18-CV-331-ECM-SRW

) [WO]

WARDEN WALTER WOODS, et al., )

)

Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

Plaintiff filed this pro se Bivens action on March 19, 2018.1 On May 10, 2018, the court

entered an order of procedure. Doc. 18. The order directed Defendants to file an answer and special

report to the amended complaint and also directed Plaintiff to “immediately inform the court and

Defendants or Defendants’ counsel of record of any change in his address.” Doc. 18 at 4, ¶7. The

order also advised Plaintiff that “[f]ailure to provide a correct address to this court within ten (10)

days following any change of address will result in the dismissal of this action.” Id.

The court recently ascertained that Plaintiff is no longer at the last address for service he

provided.2 Accordingly, the court entered an order on December 17, 2020, requiring that by

December 28, 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. 42. This order

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

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

1 Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).

2 The last service address on record for Plaintiff is the Montgomery Federal Prison Camp in Montgomery,

Alabama.

case. Id. Plaintiff has filed no response to the court’s December 17, 2020, order and the time for

doing so has expired. The court therefore concludes that 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 that dismissal of this case is the

proper course of action. The administration of this case cannot properly proceed in Plaintiff’s

absence. Also, 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 that

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.

On or before February 10, 2021, the parties 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 a party 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 on this the 26th day of January, 2021.

/s/ Susan Russ Walker

Susan Russ Walker

United States Magistrate Judge