Opinion

BROWN v. BASFORD

Court
District Court, N.D. Florida
Filed
Jan 28, 2025
Cited by
0 cases
Authority
More cited than 34.3%

The opinion

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

SHONDARIOUS CLEO BROWN,

Plaintiff,

v. Case No. 5:24-cv-18-TKW-MJF

SGT. L. BASFORD, et al.,

Defendants.

/

REPORT AND RECOMMENDATION

The District Court should dismiss this case without prejudice

because Plaintiff failed to comply with three court orders, failed to

prosecute this action, and failed without explanation to pay the initial

partial filing fee.

I. BACKGROUND

Plaintiff is a Florida prisoner proceeding pro se. Plaintiff filed this

lawsuit on January 16, 2024. Doc. 1. After months-long delay due to

Plaintiff’s failure to comply with court orders to pay the filing fee or

correct deficiencies in his in forma pauperis application, Plaintiff

eventually filed a complete application for leave to proceed in forma

pauperis on June 5, 2024. Doc. 9.

The undersigned granted Plaintiff leave to proceed in forma

pauperis on July 12, 2024. Doc. 10. The undersigned assessed Plaintiff

an initial partial filing fee of $32.17, and ordered Plaintiff to pay the

initial partial fee by August 12, 2024. Id. at 2.

Plaintiff failed to comply. In response to a show-cause order, Doc.

12, Plaintiff requested an extension of time, alleging that prison officials

at the Jackson Correctional Institution threw away Plaintiff’s Special

Withdrawal request. Doc. 13. On September 19, 2024, the undersigned

extended Plaintiff’s payment deadline to October 16, 2024. Doc. 15.1

After Plaintiff still failed to pay the initial partial fee despite being

moved to a new prison, on November 7, 2024, the undersigned ordered

Plaintiff to explain and show cause for his failure to comply with court

orders and failure to pay the initial partial filing fee. Doc. 18. The

undersigned set a compliance deadline of November 22, 2024, and

warned Plaintiff again that failure to comply with the order likely would

result in this case being dismissed. Id. at 2.

1 In the meantime, on September 18, 2024, the Florida Department of

Corrections forwarded a partial filing fee payment of $5.00 from

Plaintiff’s account. Doc. 14. This payment reflects that Plaintiff received

a deposit that triggered the FDC’s obligation to forward a 20%-partial-

filing fee payment. See 28 U.S.C. § 1915(b)(2); see also Doc. 10 at 2 ¶ 4.

To date, Plaintiff has not complied with the July 12 and September

19 orders, and has not paid the initial partial filing fee. Plaintiff also has

not responded to the undersigned’s November 7 order requiring Plaintiff,

on or before November 22, 2024, to explain and show cause for his

failures. Doc. 18.2

II. DISCUSSION

“Federal courts possess an inherent power to dismiss a complaint

for failure to comply with a court order.” Foudy v. Indian River Cnty.

Sheriff’s Off., 845 F.3d 1117, 1126 (11th Cir. 2017) (citations omitted);

N.D. Fla. Loc. R. 41.1 (authorizing the court to dismiss an action, or any

claim within it, “[i]f a party fails to comply with an applicable rule or a

court order”). A district court also may dismiss a civil action sua sponte

for failure to prosecute. See Fed. R. Civ. P. 41(b); Link v. Wabash R. Co.,

370 U.S. 626, 632 (1962). Furthermore, a district court may dismiss a

civil action where a plaintiff fails to pay the filing fee despite possessing

2 A copy of the November 7 show-cause order was initially returned to the

court as undeliverable. Doc. 19. On December 17, 2024, the clerk of court

re-mailed the order to Plaintiff at a new address reflected on the FDC’s

inmate locater. See Doc. 19. That mail has not been returned to the court.

Plaintiff has not notified the court of any change of address since October

2024. See Doc. 17.

the ability to do so. Wilson v. Sargent, 313 F.3d 1315, 1320–21 (11th Cir.

2002). Plaintiff has failed to comply with three court orders, Docs. 10, 15,

18. Plaintiff has offered no excuse for his failures and, consequently, has

not shown good cause. Accordingly, dismissal of this civil action is

appropriate.

III. CONCLUSION

For the reasons set forth above, the undersigned respectfully

RECOMMENDS that the District Court:

1. DISMISS this action without prejudice; and

2. DIRECT the clerk of the court to close the case file.

At Pensacola, Florida, this 28th day of January, 2025.

/s/ Michael J. Frank

Michael J. Frank

United States Magistrate Judge

NOTICE TO THE PARTIES

The District Court referred this case to the

undersigned to address preliminary matters and to

make recommendations regarding dispositive matters.

See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C.

§ 636(b)(1)(B), (C); Fed. R. Civ. P. 72(b). 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 the objections on 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

unobjected-to factual and legal conclusions. See 11th

Cir. R. 3-1; 28 U.S.C. § 636.

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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