“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
JONTRELL JACKSON,
Plaintiff,
v. Case No. 3:24cv615-LC-HTC
SGT. MOORE, et al.,
Defendants.
__________________________________/
REPORT AND RECOMMENDATION
Plaintiff Jontrell Jackson, a state prisoner proceeding pro se, filed a complaint
under 42 U.S.C. § 1983 relating to his imprisonment at Santa Rosa Correctional
Institution. Jackson did not use the Court’s required form, pay the fee or file an
application to proceed in forma pauperis and so was directed to file an amended
complaint on the proper form and either pay the filing fee or file a motion to proceed
in forma pauperis on the proper form by January 1, 2025. Doc. 3. Jackson failed to
do so, so on January 7, 2025, the Court ordered Jackson to show cause by January
21, 2025, why the case should not be dismissed for failure to prosecute and to comply
with orders of the Court. Doc. 4. Jackson has not responded to the January 7 Order.
Based on the foregoing, dismissal of this case is appropriate. See 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); 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).
Accordingly, it is RECOMMENDED:
1. That this case be DISMISSED WITHOUT PREJUDICE for Plaintiff’s
failure to prosecute and failure to comply with Court orders.
2. That the clerk be directed to close the file.
At Pensacola, Florida, this 28th day of January, 2025.
/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.