“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.