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.