Opinion

MCNEAL v. ESCAMBIA COUNTY JAIL

Court
District Court, N.D. Florida
Filed
Feb 10, 2025
Cited by
0 cases
Authority
More cited than 34.4%

“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

ANTONIO MCNEAL,

Plaintiff,

v. Case No. 3:24cv460-MW-HTC

ESCAMBIA COUNTY JAIL,

Defendant.

________________________/

REPORT AND RECOMMENDATION

On December 3, 2024, the Court granted Plaintiff Antonio McNeal’s motion

to proceed in forma pauperis and ordered him to pay an initial partial filing fee of

$11.07 by December 24, 2024.1 Doc. 9. After McNeal failed to comply with the

December 3 Order within the allotted time, the Court issued an order on January 3,

2025, giving him fourteen days to show cause why this case should not be dismissed

due to his failure to submit the initial partial filing fee. Doc. 11. McNeal filed a

response to the January 3 Order, asserting he had “undergone financial changes” and

lacked the funds to pay the $11.07 initial partial filing fee; he asked the Court to

waive the initial partial filing fee or extend the time for him to pay it. Doc. 12.

1 The Court assessed the $11.07 fee based on the financial certificate McNeal submitted, which

showed the average of the monthly deposits into his account for the preceding six months was

$55.33. Doc. 8.

On January 16, 2025, the Court advised McNeal it would not excuse him from

the requirement that he pay the $11.07 initial partial filing fee unless he submitted

an updated inmate account statement within fourteen days that confirmed he did not

have the funds to pay the fee and had not received deposits into his account which

he opted to spend on other things. Doc. 13. The January 16 Order warned McNeal

that if he failed to either pay the $11.07 initial partial filing fee or submit the updated

inmate account statement within the allotted time, this case would be dismissed due

to his failure to comply with Court orders. Nevertheless, McNeal has neither paid

the fee nor submitted the account statement. 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 due to

McNeal’s failure to comply with Court orders.

2. That the clerk close the file.

At Pensacola, Florida, this 10th day of February, 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.

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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