Opinion

CLARK v. BRISTOW

Court
District Court, N.D. Florida
Filed
Mar 27, 2025
Cited by
0 cases
Authority
More cited than 35.0%

“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

JOSEPH CLARK,

Plaintiff,

v. Case No. 3:24cv477-TKW-HTC

BRADLEY A. BRISTOW,

Defendant.

________________________/

REPORT AND RECOMMENDATION

Plaintiff Joseph Clark, proceeding pro se and in forma pauperis, filed an

amended civil complaint against Defendant Bradley A. Bristow, asserting claims of

libel per-se and slander per-se. Doc. 6. Although the United States Marshals Service

served Bristow with the summons and complaint on January 7, 2025 (Doc. 16), there

has been no other activity in this case since that date. Thus, on March 3, 2025, the

Court ordered Clark to show cause within fourteen (14) days why this case should

not be dismissed for his failure to prosecute. Doc. 17. The Court warned Clark that

his failure to comply with the March 3 order could result in a recommendation that

this case be dismissed. Id. Clark did not respond to the Court’s Order.

Based on the foregoing, dismissal of this case is appropriate for two reasons.

First, Clark failed to respond to the show cause order. 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). Second, Clark has failed to prosecute this action by timely

seeking a clerk’s default or default judgment. See 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); Birmingham v. RoFx.net, No. 21-23472-

CIV, 2022 WL 19406163, at *2 (S.D. Fla. May 17, 2022) (“If the Plaintiffs fail to

timely seek a Clerk’s default or a default judgment, the Court may dismiss this action

as to such Defendant, without prejudice, for failure to prosecute.”).

Accordingly, it is RECOMMENDED:

1. That this case be DISMISSED WITHOUT PREJUDICE due to Clark’s

failure to prosecute and failure to comply with Court orders.

2. That the clerk close the file.

At Pensacola, Florida, this 27th day of March, 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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