Opinion

Brown v. Hamm (INMATE 2)

Court
District Court, M.D. Alabama
Filed
Aug 15, 2024
Cited by
0 cases
Authority
More cited than 33.4%

stating that dismissal for failure to obey a court order is generally not an abuse of discretion where the 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 the 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

CARVELL TONY BROWN, )

AIS 276332, )

)

Plaintiff, )

)

v. ) CASE NO. 2:24-CV-316-ECM-KFP

)

JOHN Q. HAMM, COMM., et al., )

)

Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

Plaintiff, an inmate at the Easterling Correctional Facility, filed a hand-written

document on May 24, 2024, which was docketed as a Complaint under 42 U.S.C. § 1983.

Doc. 1. On May 30, 2024, the undersigned ordered Plaintiff to pay an initial partial filing

fee by June 20, 2024, and specifically cautioned that a failure to comply with the Order

would result in dismissal. Doc. 4. Plaintiff has not paid the initial partial filing fee or

otherwise complied with the Court’s Order.

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

concludes this case should be dismissed without prejudice. See 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 the 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; see also 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.

For the above reasons, the undersigned Magistrate Judge RECOMMENDS that this

case be DISMISSED without prejudice.

Further, it is ORDERED that by August 29, 2024, 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 Magistrate Judge’s 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. See 11th Cir. R.

R. 3–1.

DONE this 15th day of August, 2024.

/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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