Opinion

Perry v. Greider

Court
District Court, M.D. Florida
Filed
Feb 5, 2025
Cited by
0 cases
Authority
More cited than 34.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

KENDRICK TYRON PERRY SR.,

Plaintiff,

Case No. 2:24-CV-00938-SPC-KCD

v.

JUDGE CHRISTINE GREIDER,

JUDGE MARGARET O.

STEINBECK, THOMAS WILD

GUTHRIE, ASSISTANT STATE

ATTORNEY; AND MICHAEL

BROWN, PUBLIC DEFENDER;

Defendants,

/

REPORT & RECOMMENDATION

Kendrick Tyron Perry, Sr. sues two state court judges, an Assistant State

Attorney, and an Assistant Public Defender “for significant constitutional,

ethical, and professional violations in connection with judicial proceedings

surrounding a July 10, 2024, order.” (Doc. 1 at 1.)1 He alleges their conduct

violated biblical principles, the Sixth Amendment to the United States

Constitution, and several federal statutes. (Id. at 2.) To set things right, Perry

asks the Court to void the July order, award him damages of over a million

dollars, and take disciplinary measures against Defendants. (Id. at 3.)

1 Unless otherwise indicated, all internal quotation marks, citations, and alterations have been

omitted in this and later citations.

The Court dismissed Perry’s complaint because it was a shotgun

pleading that sought relief barred by sovereign immunity. (See Doc. 4.) The

Court also directed Perry to file an amended complaint by November 18, 2024.

(Id. at 6-7.) Perry did not comply. So, to be safe, the Court offered him another

chance, extending the deadline to January 29, 2025. (Doc. 5.) The Court

warned Perry that it would recommend his case be dismissed if he did not

comply. (/d.) Again, Perry did nothing.

Ignoring the Court’s order is grounds for dismissal. “A plaintiffs failure

to prosecute diligently can result in dismissal if the plaintiff in response to an

order to show cause fails to demonstrate due diligence and just cause for delay.”

M.D. Fla. R. 3.10. Similarly, the Court has the “inherent power” to dismiss a

case for lack of prosecution under its authority to manage the docket. Link v.

Wabash R. Co., 370 U.S. 626, 630-31 (1962).

Perry has not diligently prosecuted this case. He ignored the Court’s

order and refuses to file an amended complaint. His actions show a lack of

interest. Thus, the Court should dismiss this matter without prejudice.

Recommended in Fort Myers, Florida on February 5, 2024.

IP JF pr

Lyte 6 Label

□ Keele C. Dudek

United States Magistrate Judge

NOTICE TO PARTIES

A party has fourteen days from this date to file written objections to the Report

and Recommendation’s factual findings and legal conclusions. A party’s failure

to file written objections waives that party’s right to challenge on appeal any

unobjected-to factual finding or legal conclusion the district judge adopts from

the Report and Recommendation. See 11th Cir. R. 3-1. To expedite resolution,

parties may file a joint notice waiving the 14-day objection period.

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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