Opinion

GODMAN v. United States

Court
District Court, N.D. Florida
Filed
Sep 11, 2024
Cited by
0 cases
Authority
More cited than 33.4%

“The court may dismiss an action sua sponte under [Federal Rule of Civil Procedure 41(b)] for failure to prosecute or failure to obey a court order.”

How later courts described this case

  • “The court may dismiss an action sua sponte under [Federal Rule of Civil Procedure 41(b)] for failure to prosecute or failure to obey a court order.”
  • “[D]ismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

TAMMY BELINDA GODMAN,

Plaintiff,

v. Case No. 3:24cv346-TKW-HTC

UNITED STATES OF AMERICA,

Defendant.

_____________________________/

REPORT AND RECOMMENDATION

On July 25, 2024, the Court ordered Plaintiff Tammy Belinda Godman to,

within twenty-one days: (1) pay the remaining balance of the $405 filing fee ($353)

or file a motion to proceed in forma pauperis; and (2) file a complaint which

complies with Fed. R. Civ. P. 8 and establishes the jurisdiction of this Court to hear

her claims. Doc. 3. The Court also advised Godman that her failure to comply with

the July 25 Order would result in the recommendation that this case be dismissed.

After Godman failed to comply with the July 25 Order within the allotted

time, the Court ordered her on August 22, 2024, to show cause within fourteen days

why this case should not be dismissed due to her failure to comply with the July 25

Order. Doc. 4. To date, Godman has not responded to the August 22 Order or

complied with the July 25 Order. Based on the foregoing, dismissal of this case is

appropriate. See Brown v. Tallahassee Police Dep’t, 205 F. App’x 802, 802 (11th

Cir. 2006) (“The court may dismiss an action sua sponte under [Federal Rule of Civil

Procedure 41(b)] for failure to prosecute or failure to obey a court order.”) (citations

omitted); Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (“[D]ismissal upon

disregard of an order, especially where the litigant has been forewarned, generally

is not an abuse of discretion.”) (citations omitted).

Accordingly, it is RECOMMENDED:

1. That this case be DISMISSED WITHOUT PREJUDICE due to

Godman’s failure to prosecute and failure to comply with Court orders.

2. That the clerk close the file.

At Pensacola, Florida, this 11th day of September, 2024.

/s/ Hope Thai Cannon

HOPE THAI CANNON

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations must be filed within

fourteen (14) days of the date of the Report and Recommendation.  Any different

deadline that may appear on the electronic docket is for the court’s internal use only

and does not control.  An objecting party must serve a copy of its objections upon

all other parties.  A party who fails to object to the magistrate judge’s findings or

recommendations contained in a report and recommendation waives the right to

challenge on appeal the district court’s order based on the unobjected-to factual and

legal conclusions.  See 11th Cir. Rule 3-1.

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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