Opinion

Wilson v. Smoak (INMATE 4)

Court
District Court, M.D. Alabama
Filed
Jan 4, 2023
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.
  • “When the magistrate provides such notice and a party still fails to object to the findings of fact and those findings are adopted by the district court the party may not challenge them on appeal in the absence of plain error or manifest injustice.”

Written by the judges who cited it.

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

DAVID BRADLEY WILSON, )

AIS #277765, )

)

Plaintiff, )

)

v. ) CASE NO. 1:22-CV-587-RAH-CSC

)

JASON SMOAK, )

)

Defendant. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

Plaintiff, an indigent inmate, recently filed this 42 U.S.C. § 1983 action alleging

Defendant subjected him deliberate indifference by failing to treat his serious medical

conditions while he was housed at the Houston County Jail. (Doc. 1). In the Order of

Procedure, the Court advised the Plaintiff of his duty to notify the Court of any changes in

his address and warned him that a failure to do so would result in dismissal of this action.

(Doc. 4 at pp. 3-4). On December 6, 2022, the Court issued an order requiring the Plaintiff

to update the Court as to his new address. (Doc. 7). As of the present date, the court has

received no response from Plaintiff to the aforementioned order nor has Plaintiff provided

the court with an address where he may be served as is necessary to his proceeding with

this case. The undersigned therefore concludes that this case should be dismissed.

The undersigned has reviewed the file to determine whether a less drastic measure

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 this review, it is clear that

dismissal of this case is the proper course of action. Initially, the administration of this

case cannot properly proceed in Plaintiff’s absence. It likewise appears that Plaintiff is no

longer interested in the prosecution of this case as he has not made his whereabouts known

to the court. Finally, under the circumstances of this case, the undersigned finds that any

additional effort 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) (holding that a “district court

possesses the inherent power to police its docket” and “the sanctions imposed [upon

dilatory litigants] can range from a simple reprimand to an order dismissing the action with

or without prejudice.” Id.).

2

For the above stated reasons, it is the RECOMMENDATION of the Magistrate

Judge that this case be dismissed without prejudice for Plaintiff’s failure to provide the

court with a current address.

On or before January 18, 2023, Plaintiff may file objections to the

Recommendation. Any objections filed must specifically identify the findings in the

Magistrate Judge’s Recommendation to which he objects. Plaintiff must specifically

identify the factual findings and legal conclusions in the Recommendation to which the

objection is made; frivolous, conclusive, or general objections will not be considered.

Failure to file written objections to the proposed findings and legal conclusions set

forth in the Recommendations of the Magistrate Judge will bar a party from a de novo

determination by the District Court of these factual findings and legal conclusions 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) (“When the magistrate provides such notice and a

party still fails to object to the findings of fact and those findings are adopted by the district

court the party may not challenge them on appeal in the absence of plain error or manifest

injustice.”); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989).

3

DONE this 4th day of January, 2023.

/s/ Charles S. Coody

UNITED STATES MAGISTRATE JUDGE

4

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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