Opinion

Mitchell v. Alabama Board of Pardons and Paroles Members (INMATE 2)

Court
District Court, M.D. Alabama
Filed
Sep 14, 2022
Cited by
0 cases
Authority
More cited than 31.1%

stating that dismissal for failure to obey a court order is generally not an abuse of discretion where litigant has been forewarned

How later courts described this case

  • stating that dismissal for failure to obey a court order is generally not an abuse of discretion where litigant has been forewarned

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

THOMAS MITCHELL, AIS 158181, )

)

Plaintiff, )

)

v. ) CASE NO. 2:22-CV-342-ECM-KFP

)

ALABAMA BOARD OF PARDONS )

and PAROLES MEMBERS, )

)

Defendant. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

Pro se Plaintiff Thomas Mitchell, an inmate at the Staton Correctional Facility in

Elmore, Alabama, filed this 42 U.S.C. § 1983 Complaint on June 6, 2022. On June 16,

2022, the Court ordered Plaintiff either to pay the $402.00 filing and administrative fees or

file an affidavit in support of a motion for leave to proceed in forma pauperis by July 7,

2022. Doc. 3. The Court also informed Plaintiff that a failure to comply would result in

dismissal. Doc. 3. To date, Plaintiff has not filed a response or otherwise complied with

the Order.

Because of Plaintiff’s failure to comply with the Court’s orders, the undersigned

concludes this case should be dismissed without prejudice. Moon v. Newsome, 863 F.2d

835, 837 (11th Cir. 1989) (stating that dismissal for failure to obey a court order is generally

not an abuse of discretion where litigant has been forewarned). 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)

(holding that “[t]he 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.” Mingo, 864 F.2d at 102.

Accordingly, the Magistrate Judge RECOMMENDS that this case be DISMISSED

without prejudice.

Further, it is ORDERED that by September 28, 2022, the parties may file

objections to this Recommendation. The parties must specifically identify the factual

findings and legal conclusions in the Recommendation to which objection is made.

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

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

Failure to file written objections to the proposed findings and recommendations in

accordance with 28 U.S.C. § 636(b)(1) will bar a party from a de novo determination by

the District Court of legal and factual issues covered in the Recommendation and waive

the right of the party to challenge on appeal the District Court’s order based on unobjected-

to factual and legal conclusions accepted or adopted by the District Court except upon

grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir.

1982); 11TH Cir. R. 3–1. See Stein v. Reynolds Sec., Inc., 667 F.2d 33 (11th Cir. 1982);

see also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc).

DONE this 14th day of September, 2022.

/s/ Kelly Fitzgerald Pate

KELLY FITZGERALD PATE

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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